Baldwin v. Moses

MILLER, Justice:

We accepted the following certified question from the Circuit Court of Mingo County:

“Whether a Magistrate Court has jurisdiction to grant any relief pursuant to W. VaCode § 48-2A-1 et seq. (The Prevention of Domestic Violence Act) to a petitioner who is being allegedly abused by her ex-husband, who is not presently a member of her household, where the parties are divorced and their final divorce order permanently enjoins each of them from molesting, interfering, or annoying the other.”

The circuit court answered the question in the negative. For reasons more fully set out…