|
West Virginia Circuit Courts Circuit Courts have general jurisdiction over all civil and criminal cases, and typically handle cases that are beyond the jurisdiction of other courts.
Criminal cases heard by Circuit Courts include felonies and misdemeanors.
Civil cases heard by Circuit Courts include general civil claims with more than $300 in dispute and civil equity cases.
Circuit Courts also handle probate matters, juvenile delinquency, child abuse and neglect, and reviews of recommended orders from judicial offers handling mental hygiene or juvenile matters.
Circuit Courts may handle some cases involving Family Protective Orders and other cases generally heard by Family Courts under some circumstances. Family Courts share jurisdiction with Circuit Courts over guardianships of minors.
Specialized court divisions and judicial officers for certain types of cases. Mental Hygiene Commissioners, Mental Health Court Diversion Programs, Juvenile Referees, Juvenile Drug Courts or Teen Courts may exist in individual courts and are generally under the supervision of Circuit Courts.West Virginia Magistrate Courts Magistrate Courts have jurisdiction over certain types of civil and criminal cases.
Criminal cases heard by Magistrate Courts include misdemeanors and preliminary hearings for all types of crimes. Magistrate Courts will also handle municipal ordinance violations if a Municipal Court does not exercise jurisdiction over municipal ordinance violations.
Civil cases heard by Magistrate Courts include some general civil claims with less than $5,000 in dispute, exclusive of interest and costs. Magistrate Courts also handle most landlord-tenant disputes and some emergency domestic violence protective orders. Magistrate Courts have original jurisdiction over most general civil claims for less than $300.
Magistrate Courts do not have jurisdiction over certain types of cases, including civil equity, eminent domain, disputes over title to real estate, false imprisonment, malicious prosecution, slander and libel.West Virginia Family Courts Family Courts have jurisdiction over certain types of cases, including domestic relations, guardianships and domestic violence protection.
Cases typically handled by a Family Court include divorce, annulment, paternity, child custody and child support (Parental Responsibility and Family Support), child visitation, parenting plans, grandparent visitation, separate maintenance, guardianships of minors and civil domestic violence protection proceedings.
If a case involves parental responsibility or family support for a child subject to Circuit Court jurisdiction due to child abuse or child neglect, the Family Court will not have jurisdiction over the matter.
Family Courts share jurisdiction with Circuit Court over guardianships of minors.West Virginia Muncipal Courts Municipal Courts have jurisdiction over the enforcement of most municipal ordinance violations.
In areas where Municipal Courts do not exist, violations of municipal ordinances are heard by Magistrate Courts.West Virginia The Northern Panhandle Mental Health Court The Northern Panhandle Mental Health Court Diversion Program handles certain types of criminal cases involving eligible repeat criminal offenders with untreated mental illness. The pilot program currently operates in circuit and magistrate courts in Brooke, Hancock, Ohio and Marshall counties.
The Mental Health Court Diversion Program is a "dual tribunal," with Magistrates participating for misdemeanor offenses and a Circuit Court judge participating for felony offenses.
Cases are referred to this court from a variety of sources, including the Pretrial Release Program, attorneys, judges and magistrates.
|
