Rule 23 - Family violence contempt bond(a)Form of bond. - If not granted a waiver pursuant to W. Va. Code § 59-2-1, a respondent held in contempt for violation of a family violence protective order shall post a cash bond or a surety bond. If granted a waiver pursuant to W. Va. Code § 59-2-1, a respondent held in contempt for violation of a family violence protective order may post a personal recognizance bond.(b)Forfeiture. - Upon motion by the party who petitioned for a civil contempt show-cause order, 10 days' notice to the bond obligor(s), a hearing, and a showing of non-compliance with a family violence protective order after the court has ordered the respondent to post a bond pursuant to W. Va. Code § 48-2A-10 a [repealed, see now § 48-27-901], the magistrate shall render a judgment of default and order forfeiture of the bond amount. Upon collection, the clerk shall deposit the proceeds with the state auditor. If payment of a surety or personal recognizance bond is not made within 20 days of the forfeiture order, the clerk shall undertake execution against the obligor(s) for recovery of the judgment amount.R. Civ. Proce. For. Magist. Ct. 23
Adopted by order entered June 30, 1994, effective 7/1/1994.