(a) Assessment of court costs and fees when emergency protective order "denied." If the petition is denied and the court finds that the petitioner is not a victim of domestic violence, sexual assault, or stalking as provided in W. Va. Code § 48-27-202, court costs and fees shall be assessed by the magistrate against the petitioner at the conclusion of the emergency hearing and shall be paid to the magistrate clerk as follows, unless a fee waiver affidavit has been filed: (1) Magistrate Court Fund: $10.00; (2) Court Security Fund: $5.00; and (3) Regional Jail Authority: $10.00. Costs and fees may not be assessed against a prevailing party. Partial payments of costs and fees shall be applied by the magistrate clerk in the following order: Magistrate Court Fund, Court Security Fund, Regional Jail Fund, and other costs, if any. If the denial of the petition is appealed, payment of costs shall be stayed until resolution of the appeal.
(b) Assessment of court costs and fees when petitioner fails to appear or present evidence. No court costs and fees shall be assessed against the petitioner for failure to appear or failure to present evidence at the final hearing in circuit or family court. (c) Assessment of court costs and fees when petitioner moves to terminate protective order. No court costs or fees shall be assessed against a petitioner who moves to terminate a protective order, whether the court grants or denies the motion. (d) Assessment of court costs and fees when protective order denied. If the court denies a protective order after the presentation of all evidence and testimony of the petitioner and respondent and further finds that the petitioner is not a victim of domestic violence, sexual assault, or stalking as provided in W. Va. Code § 48-27-202, the petitioner may be assessed the costs and fees provided in (e) and (f) herein unless a fee waiver affidavit has been filed. (e) Assessment of court costs and fees when protective order "granted" by circuit or family court. Except as in subsection (a) of this rule, court costs and fees shall be assessed by the family or circuit court at the conclusion of a proceeding, and shall be paid to the circuit clerk within ten (10) days by Respondent as follows, unless a fee waiver affidavit has been filed: (1) Family Court Fund: $25.00; (2) Magistrate Court Fund: $10.00; (3) Court Security Fund: $5.00; (4) Regional Jail Authority: $10.00. Court costs and fees may not be assessed against a prevailing party. Partial payments of fees and costs shall be applied by the circuit clerk in the following order: Family Court Fund, Magistrate Court Fund, Court Security Fund, Regional Jail Fund, and other costs, if any as provided in subsection (e).
(f) Assessment of other costs and fees. The following fees shall be assessed by the Court when pleadings and orders have been served by a law enforcement agency and/or the circuit clerk. For service of process by law enforcement the sum of $25.00 as provided in W. Va. Code § 59-1-14. For service of process by the circuit clerk, by certified mail, restricted delivery, return receipt requested, the sum of $20.00 as provided in Rule 4(d)(1) of the Rules of Civil Procedure. (g) Payment of court costs and fees. The court shall require a party to appear before the court or show proof of payment of any costs and fees ordered by the court within ten (10) days of the entered order, unless the party qualifies for a fee waiver after review by the court pursuant to Rule 5 of these rules. W. Va. R. Prac. & P. Dom. Viol. 4
Amended effective 7/1/2013.