(a) Upon the filing of a petition in magistrate court, the magistrate shall conduct an emergency hearing regarding the petition, pursuant to West Virginia Code §55-7J-1(e), and grant or deny said petition and enter a temporary protective order as it may determine necessary to protect the petitioner from further exploitation. Clear and convincing evidence of immediate and present financial exploitation of petitioner constitutes good cause for the issuance of an emergency protective order pursuant to this section. If the respondent is not present at the proceeding, the petitioner, or person filing on the petitioner’s behalf shall certify to the court, in writing, efforts to give notice to the respondent, or just cause why notice should not be required. Copies of medical and financial records may be admitted into evidence to the same extent as original reports or records. The custodian of records is not required to be present to authenticate the records for any proceedings pursuant to this subsection.
(b) Mandatory Relief. If the magistrate determines that circumstances warrant the entry of a temporary protective order, the order shall
(1) prohibit the respondent, or respondent’s agents from committing any acts of abandonment, abuse, or financial exploitation against petitioner;
(2) prohibit the respondent from taking any action that results in the diminution of value of petitioner’s assets; and
(3) order the respondent to provide an accounting of the disposition of the petitioner’s income or other resources to the circuit court within twenty days.
(c) Permissive Relief. The temporary protective order may also
(1) prohibit the respondent from transferring or converting any of the petitioner’s property until the circuit court enters an order permitting otherwise;
(2) prohibit the respondent from contacting, attempting to contact, or harassing the petitioner directly or indirectly through third parties regardless of whether those parties are aware of this Order;
(3) prohibit the respondent from receiving, holding, or accessing any assets of the petitioner;
(4) prohibit the respondent from transferring any property that is the subject of the petition;
(5) prohibit the respondent from knowingly coming within a particular distance of the petitioner’s residence, workplace, adult day program, or long-term care facility.
(6) provide for the appointment of a receiver; and
(7) freeze assets pursuant to West Virginia Code §55-7J-5
(d) The magistrate may also grant any other relief deemed necessary by the magistrate to protect the petitioner from financial exploitation.
(e) Upon the entry of the temporary protective order, the magistrate shall report the entry of the order pursuant to W.Va. Code §61-2-29B(e).