H. B. 4284
(By Delegates Spencer, Staggers, Hunt,
Longstreth, Lawrence, Morgan, Boggs,
Perdue, M. Poling, Campbell, White)
[Introduced February 2, 2010; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §48-27-503 of the Code of West
Virginia, 1931, as amended, relating to prevention and
treatment of domestic violence; protective orders; and
providing that an order include the requirement that a
respondent wear a monitoring device.
Be it enacted by the Legislature of West Virginia:
That §48-27-503 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-503. Permissive provisions in protective order.
The terms of a protective order may include:
(1) Granting possession to the petitioner of the residence or
household jointly resided in at the time the abuse occurred;
(2) Ordering the respondent to refrain from entering or being
present in the immediate environs of the residence of the
petitioner,
including the mandatory requirement that the respondent
wear a monitoring device as the same is defined in section three, article eleven-b, chapter sixty-two of this code. The monitoring
device shall be designed so that if a respondent is present in the
immediate environs of the residence of the petitioner, the device
will send a signal to the nearest law-enforcement agency;
(3) Awarding temporary custody of or establishing temporary
visitation rights with regard to minor children named in the order;
(4) Establishing terms of temporary visitation with regard to
the minor children named in the order including, but not limited
to, requiring third party supervision of visitations if necessary
to protect the petitioner and/or the minor children;
(5) Ordering the noncustodial parent to pay to the caretaker
parent a sum for temporary support and maintenance of the
petitioner and children, if any;
(6) Ordering the respondent to pay to the petitioner a sum for
temporary support and maintenance of the petitioner, where
appropriate;
(7) Ordering the respondent to refrain from entering the
school, business or place of employment of the petitioner or
household or family members for the purpose of violating the
protective order;
(8) Ordering the respondent to participate in an intervention
program for perpetrators;
(9) Ordering the respondent to refrain from contacting,
telephoning, communicating, harassing or verbally abusing the
petitioner;
(10) Providing for either party to obtain personal property or
other items from a location, including granting temporary
possession of motor vehicles owned by either or both of the
parties, and providing for the safety of the parties while this
occurs, including ordering a law-enforcement officer to accompany
one or both of the parties;
(11) Ordering the respondent to reimburse the petitioner or
other person for any expenses incurred as a result of the domestic
violence, including, but not limited to, medical expenses,
transportation and shelter; and
(12) Ordering the petitioner and respondent to refrain from
transferring, conveying, alienating, encumbering or otherwise
dealing with property which could otherwise be subject to the
jurisdiction of the court or another court in an action for divorce
or support, partition or in any other action affecting their
interests in property.
NOTE: The purpose of this bill is to provide that protective
orders in domestic violence cases include the requirement that a
respondent wear a monitoring device that notifies a law-
enforcement agency when the respondent is present in the immediate
environs of the residence of the petitioner.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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