(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.