Automatic extensions of protective orders

West Virginia Rules of Practice and Procedure for Domestic Violence Civil Proceedings

Rule: 9b.

Jurisdiction: WV

Bluebook Citation: W.Va. R. Dom. Viol. P. 9b.

A party filing a Chapter 48 action or reopening a Chapter 48 action shall notify the circuit clerk that the party has a protective order in effect issued by a court in this state. Upon verifying that a protective order is in effect involving the same parties to the Chapter 48 action, the circuit clerk shall issue a notice of automatic extension of protective order on the form approved by the West Virginia Supreme Court and shall file the notice in the case file of the domestic violence action and the Chapter 48 action. The circuit clerk shall immediately by hand-delivery or facsimile forward the notice of automatic extension of protective order to magistrate court for inclusion in the national domestic violence registry and the statewide domestic violence database pursuant to Rule 21 of these rules. Service of the notice of automatic extension of protective order shall be pursuant to Rule 11 of these rules.

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