Answer; Counterclaim by Respondent treated as a petition for protective order

(a) An answer which need not be verified, may be filed and served by the respondent prior to the family court hearing. If the answer is filed thereafter, it shall be filed with the circuit clerk pursuant to Rule 8(d) of these rules. (b) A counterclaim shall be treated as a petition for protection and shall be filed by the respondent in magistrate court on the domestic violence petition form approved by the West Virginia Supreme Court and assigned a new magistrate and family court case number. Upon the showing of clear and convincing evidence of domestic violence, as defined in Chapter 48, Article 27, Section 202, magistrate court shall enter a protective order provided however any permissive relief granted shall not contradict the relief previously granted in a protective order by magistrate court involving the same parties and prior to a final hearing before family court. The counterclaim for protection and subsequent protective order may be heard by the court at the designated time set for the original petition so long as proper service has been obtained upon the opposing party. The court shall issue a separate order for each case.