Rule 21. Permanent Financial Exploitation Protective Order

(a) Upon receipt of a notice of transfer from magistrate court, or upon the filing of a petition for permanent financial exploitation protective order in circuit court the circuit court shall set the matter for a final hearing on the petition. Following the hearing, the circuit court may dismiss the temporary protective order, or the circuit court may enter a permanent protective order if it finds by a preponderance of the evidence that, (1) the respondent has committed an act against the victim that constitutes financial exploitation as defined in West Virginia Code §55-7J-1, and these rules; and (2) There is reasonable cause to believe continued financial exploitation will occur unless relief is granted; or (3) the respondent consents to the entry of the permanent protective order; The permanent protective order may (1) order the respondent to return property or assets improperly obtained controlled or used; (2) provide for the appointment of a receiver; (3) award damages pursuant to West Virginia Code §55-7J-3(A)(2) and West Virginia Code §55-7J-3(B). (4) freeze assets pursuant to West Virginia Code §55-7J-5; (5) award attorneys’ fees pursuant to West Virginia Code §55-7J-4, and (6) grant any other relief the court deems appropriate. (b) The circuit court shall transfer a copy of the permanent protective order to the appropriate entities as outlined in West Virginia Code §61-2-29B(e). (c) The circuit court may, following the entry of a final financial exploitation order, schedule review hearings as necessary.