Learning how to get a restraining order in West Virginia is important for victims of domestic violence. A Domestic Violence Protective Order, as is commonly known in West Virginia, is a court order signed by a judge to protect victims from actual physical harms, attempts or threats to cause physical harms, serious fears of physical harms, abduction, illegal detention, sexual assault and abuse to minor children. It applies when the abuser is an existing or former spouse, a parent of the victim’s child(ren), a family or household member closely related by marriage or blood, someone the victim dates or ever dated; lives or ever lived with; has or ever had sexual relationship. http://www.state.wv.us/wvsca/DVForms/MDVPETNCombo-DomesticViolencePetition-HF.pdf

An Emergency Protective Order is granted when a victim is considered to be in immediate danger of being abused. A Temporary Emergency Protection Order is similar to an Emergency Protective Order. But it is for a victim with a pending divorce and a temporary divorce order. The magistrate only considers abusive incidents after the temporary divorce order was issued for granting a Temporary Emergency Protection Order.http://www.state.wv.us/wvsca/familyct/DomViolence.pdf An emergency order gives mandatory relief. An abuser is ordered to stop abusive or threatening behaviors or to hand in any firearms the abuser may possess. http://www.state.wv.us/wvsca/familyct/DomViolence.pdf

A final Domestic Violence Protective Order includes all the mandatory relief of the emergency order. The petitioner may also ask for additional reliefs which can order an abuser to leave the residence or stay away from certain locations; demand the abuser to stop certain behavior and further contact; order possession of the residence to the petitioner; grant temporary custody and visitation of minor children; order the abuser to participate in a batterer’s treatment program; demand the abuser to pay spousal and child support or other expenses as a result of domestic violence. http://www.state.wv.us/wvsca/DVForms/MDVPETNCombo-DomesticViolencePetition-HF.pdf

Victims unrelated to the abusers may seek Harassment Restraining Orders against repeated, intrusive, or unwanted conducts that are intended to adversely affect the safety, security or privacy of the victims. A temporary restraining order may be issued which is good up to seven days until a hearing is held. A final restraining order, if granted, is valid up to two years. A Harassment Restraining Order can order the respondent to cease the harassing behavior or to stop contact with the petitioner. http://www.legis.state.wv.us/Bill_Text_HTML/1993_SESSIONS/RS/Bills/HB2084%20INTR.htm

Violating a Domestic Violence Protective Order or a Harassment Restraining Order is a crime. Penalty for the former can be an imprisonment of up to one year and a fine of up to $2,000.http://www.state.wv.us/wvsca/familyct/DomViolence.pdf Violation of a Harassment Restraining Order may lead to an imprisonment of not more than six months or a fine of not more than $500 or both. http://www.legis.state.wv.us/Bill_Text_HTML/1993_SESSIONS/RS/Bills/HB2084%20INTR.htm

Obtain the relevant forms at the local domestic violence or sexual assault victim programs or the magistrate’s office. The forms can also be downloaded from the website of the West Virginia Court System. http://www.state.wv.us/wvsca/rules/formsindex.htm

Fill out the forms with details and dates regarding the alleged abuses or threats. Children can be included as protected individuals in the Domestic Violence Protective Order when they have been abused or threatened by the abuser. http://www.state.wv.us/wvsca/DVForms/MDVPETNCombo-DomesticViolencePetition-HF.pdf

The petition can be filed where the domestic violence occurred or where the petitioner or the respondent is living or where the two parties last lived together as married couple.http://www.state.wv.us/wvsca/familyct/DomViolence.pdf Only sign the forms in front of a notary public. The magistrate clerk can also notarize the papers. http://www.state.wv.us/wvsca/DVForms/MDVPETNCombo-DomesticViolencePetition-HF.pdf

Bring all the documents to the magistrate clerk who will forward it to the magistrate. If the magistrate considers the victim to be in immediate danger of being abused, an Emergency Protective Order good until the hearing for a final protective order will be issued. If there is a pending divorce and a temporary divorce order is in effect, the order granted is called a Temporary Emergency Protection Order. For both types of emergency orders, the final hearing will be set within 10 days. The petitioner will be given a copy of the emergency order which will be served on the respondent by law enforcement. The court will also send a copy of the order to all local law enforcement agencies.http://www.state.wv.us/wvsca/familyct/DomViolence.pdf

If no emergency order is granted, the petitioner may appeal to the family court no later than five days after the magistrate’s denial. A hearing on the appeal will be held at the family court within two weeks.http://www.state.wv.us/wvsca/familyct/DomViolence.pdf

The hearing for the final protective order will be held in the family court in front of a family law judge. Both the petitioner and respondent must be present at the hearing with or without a lawyer to present evidences or call witnesses to support their respective stories. The judge will decide if a final order should be issued. The order is valid for 90 days or 180 days if the petitioner has not asked for a one-year or a longer-than-one-year protective order in the original petition.http://www.state.wv.us/wvsca/familyct/DomViolence.pdfhttp://www.state.wv.us/wvsca/familyct/DomViolence.pdf

The petitioner may extend a 90-day order by filling out a Request to Extend Protective Order at the circuit clerk’s office before the first 90 days are over. Filing of any family court case involving the same parties during the effective period of the protective order will automatically extend the protective order when a Notice of Automatic Extension of Protective Order is filed at the circuit clerk’s office. The extension is good until another court case is heard. http://www.state.wv.us/wvsca/familyct/DomViolence.pdf

The content in this page is not a substitute for professional legal advice. Please contact a law professional before using the information presented here.