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Legal Information: West Virginia

Statutes: West Virginia

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Updated: 
April 1, 2024

Rule 8. Filing of Petitions and Other Pleadings

(a) Commencement of Action. To commence an action for a protective order, a verified petition shall be filed in the magistrate court.
 

(b) Petition. The petition shall contain a short and plain statement of the facts showing that the petitioner is entitled to relief, and it shall contain a demand for the relief the petitioner seeks.
 

(c) Firearms. The petition shall contain information regarding the use, possession and ownership of firearms by the respondent which shall include a description and location, if known by the petitioner, of each firearm owned and/or possessed by the respondent.
 

(d) Pleadings Filed After Original Petition. All pleadings filed after the original petition, except as provided in Rule 9 herein, including petitions for criminal contempt shall be filed with the circuit clerk. Misdemeanor complaints for violation of protective orders shall be filed in the magistrate court
 

(e) Other Required Documents. The original petition, and petitions for contempt or modification of a protective order, shall be accompanied by a completed domestic violence civil case information statement.
 

(f) Petitioner’s Identifying Information. At petitioner’s request, the magistrate court shall immediately seal within the file the portion of the domestic violence civil case information statement and any other document containing the address or other identifying information for the petitioner such as the petitioner’s phone number, facsimile number, or e-mail address. The petitioner’s identifying information shall remain sealed in the court file unless the court in a final hearing orders the release of the information and makes a finding that the release of the petitioner’s identifying information does not increase the risk of harm or the threat of harm to the petitioner or other protected individuals, provided, however, the court may provide access to the petitioner’s identifying information to a law enforcement agency.