WV · rules
W. Va. Trial Ct. R. 12.05
Facsimile Transmission of Domestic Violence Petitions and Protective Orders
(a) Petitions.
(1) Verified petitions for protective orders may be filed by fax. If transmission is made to the magistrate court after regular business hours, the on-call magistrate shall be notified before the transmission occurs.
(2) In addition to the information required by TCR 12.03(e), the fax cover sheet accompanying a domestic violence petition for a protective order shall include the telephone number where the petitioner may be reached.
(3) Any action taken by the judge or magistrate on a faxed petition shall be communicated as soon as feasible to the petitioner by return fax or other method.
(b) Protective Orders.
(1) Temporary Orders. A temporary protective order may issue based solely on the representations contained in a verified petition properly filed by fax.
(2) Distribution to Law-Enforcement Agencies. Any temporary or final protective order issued pursuant to the provisions of W.Va. Code §§ 48-2A-1 et seq. may be faxed to appropriate law-enforcement agencies to satisfy the statutory requirements for transmission of such documents by the court. The petition upon which a temporary order is issued shall be faxed to law-enforcement agencies with the temporary protective order
(3) Service of Process. Any temporary or final protective order faxed to law-enforcement agencies shall be valid for their use in making personal service on the respondent named in the order.
Provenance
- Source
- courtswv.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
a517278d7542f3bd9e7cbff861790a5a24d439c734593883df18b77d585b1dde
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