Pursuant to W.Va. Code §55-7J-1, an individual who is an elderly person, incapacitated person, or protected person, may file a petition to initiate a financial exploitation action. The Department or a reputable person may file a petition to initiate a financial exploitation action on behalf of a petitioner who is an elderly person, incapacitated person or protected person as defined in Rule 2. In all matters the person for whom protection is being sought shall be deemed the petitioner. The petition shall be filed where the alleged financial exploitation occurred. Under no circumstance may a party file a petition in more than one county based on the same set of facts.
West Virginia > Circuit Court Proceedings > Rules of Practice and Procedure for Financial Exploitation Civil Proceedings > Rule 4. Venue.
Rule 4. Venue.
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- Rules of Practice and Procedure for Financial Exploitation Civil Proceedings
- Rule 1. Scope; conflicts.
- Rule 10. Temporary Financial Exploitation Protective Order.
- Rule 11. Answer.
- Rule 12. Notice of circuit court final hearing.
- Rule 13. Service.
- Rule 13a. Order of Publication.
- Rule 14. Filing and service by facsimile transmission.
- Rule 15. Judicial economy and consolidation.
- Rule 16. Continuances.
- Rule 17. Amended pleadings.
- Rule 18. Transfer of case file from magistrate to circuit court when emergency protective order granted.
- Rule 19. Termination of emergency protective order.
- Rule 2. Terminology.
- Rule 20. Appeal of denial of emergency order.
- Rule 21. Permanent Financial Exploitation Protective Order.
- Rule 22. Appeal of circuit court order.
- Rule 23. Disqualification of Circuit Court Judge.
- Rule 24. Interested Persons Filing on behalf of Elderly, Incapacitated Persons or Protected Persons.
- Rule 25. Review Hearings.
- Rule 26. Appointment of guardian ad litem.
- Rule 27. Time Computation.
- Rule 3. Effective date.
- Rule 4. Venue.
- Rule 5. Fees.
- Rule 6. Waiver of fees and costs for indigents.
- Rule 7. Confidentiality of proceedings.
- Rule 8. Persons allowed to be present during hearing; unofficial recording of financial exploitation proceedings prohibited.
- Rule 9. Filing of petitions and other pleadings.
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