W. Va. R. Prac. & P. Dom. Viol. 24

As amended through January 31, 2024
Rule 24 - Domestic violence civil contempt bond
(a)Petition for Contempt.The court, upon review of the petition for civil contempt, may issue an order to show cause without holding a hearing, as provided in W. Va. Code § 48-27-901, if the petition is sufficient on its face and no further testimony of the party filing the petition is needed. The order to show cause shall be issued immediately upon the conclusion of the hearing or within five (5) judicial days of filing the petition, provided, however, the failure of the court to issue the order within the time provided shall not divest the court of jurisdiction of the contempt proceeding or void the contempt related orders of the court.
(b)Hearing on order to show cause. The order to show cause shall provide for the hearing date not to exceed ten (10) judicial days from the date the order to show cause is issued. Upon the finding of contempt, the court may require the offending party to post a cash performance bond to ensure future compliance with the court's order. If payment of the bond is not made within ten (10) days of entry of the contempt order and proof of payment is not provided to the court by the contemnor, the court shall order the offending party to appear before the court and may take such action as the court deems necessary to enforce the order of the court. Failure of the court to hold the hearing within the time period provided shall not divest the court of jurisdiction of the contempt proceeding or void the contempt-related orders of the court.
(c)Forfeiture of a bond. - Bond posted pursuant to these rules may be forfeited upon the court's finding that a party has failed to comply with a contempt order. In that case, the court shall render a judgment of default and order forfeiture of the bond amount. Upon collection, the circuit clerk shall deposit the proceeds with the state auditor, unless the Court orders that the amount forfeited shall be paid to the party not held in contempt. If payment of a bond is not made within 20 days of entry of the forfeiture order, the clerk shall undertake execution against the obligor(s) for recovery of the judgment amount.

W. Va. R. Prac. & P. Dom. Viol. 24