W. Va. R. Prac. & P. Dom. Viol. 18

As amended through January 31, 2024
Rule 18 - Appeal of denial of emergency order
(a)Time periods. A person whose petition was denied by the magistrate court may, as a matter of right, present a petition for appeal to the family court by filing a petition for appeal in the magistrate court clerk's office within five (5) days of entry of the order denying the petition in the magistrate court, which petition shall be transferred to the family court immediately. The petition for appeal shall be heard by the family court within ten (10) days from the date of filing of the petition. No bond shall be required to appeal.
(b)Hearing. At the family court hearing on the petition for appeal, the family court judge shall enter an order either affirming the magistrate's denial of an emergency protective order, or granting an emergency protective order. If an emergency protective order is granted, the family court judge shall enter the emergency protective order and set the matter for final hearing within ten (10) days of the date of entry of the emergency protective order and serve the order in accordance with Rule 11 herein.

W. Va. R. Prac. & P. Dom. Viol. 18