J.F. v. F.C.

Summary

The Supreme Court of Appeals of West Virginia affirmed a circuit court order upholding a lifetime domestic violence protective order against J.F. The court held that the family court had made findings of aggravating circumstances supporting the protective order and rejected J.F.’s argument that the order had expired before modification.

Holdings

1. The initial one-year protective order was not shown to be invalid because the circuit court reviewed the family court recording and found that the family court had made the required findings of aggravated circumstances on the record.
2. The family court did not lack jurisdiction to modify the protective order because the record supported the validity of the initial one-year order, and the circuit court correctly rejected J.F.'s contrary argument.

Questions Presented

1. Whether the family court's initial one-year protective order was invalid because the court did not make the aggravating-factor findings required by West Virginia Code § 48-27-505.
2. Whether the family court therefore lacked jurisdiction to modify or extend the protective order in May 2018.

Disposition

affirmed