Know the Laws: West Virginia
UPDATED August 7, 2007
A Protective Order is a civil order that provides protection from harm by a family or household member.
- Basic Information
- Can I get a protective order?
- What are the steps for obtaining a domestic violence protective order?
- After the Hearing
Basic Information
back to topWhat is a domestic violence protective order? What types are there?
A domestic violence protective order is a court order that is set up to stop violence and harassment and to protect you and your family members from an abuser.
In West Virginia there are two types of protective orders:
- Emergency Protective Order
- Final Protective Order
An emergency protective order is a court order designed to provide you and your family members with immediate protection from an abuser. In order to get a final protective order, you need to have a full court hearing with the abuser present. An emergency protective order will protect you from the time you file for the final protective order until your full court hearing. This will usually be within 10 days.*
You may receive an emergency protective order without the abuser present ("ex parte").
A final protective order offers the same type of protection as an emergency protective order, but it lasts longer. Since it lasts longer, you will have to have a full court hearing to get a final protective order. In this hearing, the abuser will have a chance to respond to your petition.
A final protective order lasts up to 90 days or 180 days. You can ask the court to extend the order but you must do so before it expires.** (See How do I change or extend my protective order?)
* W. Va. Code § 48-5-509
** W. Va. Code § 48-27-501
back to topWhat is the legal definition of domestic violence in West Virginia?
This section defines domestic violence for the purposes of getting a domesitc violence protective order.
Domestic violence (or abuse) is when one family or household member commits any of the following acts to another family or household member:
- Tries to physically harm you, with or without a weapon;
- Physically harms you, on purpose or recklessly, with or without a weapon;
- Makes you afraid that s/he will physically harm you, and your fear is reasonable;
- Makes you afraid of physical harm by harassment, psychological abuse or threatening acts;
- Sexually assaults you, or sexually abuses you;
- Kidnaps you; or
- Holds or detains you against your will.*
* W. Va. Code § 48-27-202
back to topHow can a protective order help me?
Emergency and final protective orders can do one or more of the following:
- Order the abuser to stop abusing, harassing, stalking, threatening or otherwise intimidating you and/or your children,
- Order the abuser not to do anything that would place you or your children in reasonable fear of bodily injury,
- Order the abuser to hand in any firearms or ammunition he/she has, even if they are licensed to have the firearm or ammunition,*
- Grant you possession of the house or apartment you share,
- Order the abuser to stay away from your residence and the area immediately surrounding it
- Award temporary custody or temporary visitation for your minor children, including supervised visitation,
- Order temporary support for you and your children,
- Order the abuser not to enter the school, business or place of employment of you or of any household or family members for the purpose of violating the protective order;
- Order the abuser to participate in a batterer’s treatment program,
- Order the abuser not to contact, telephone, communicate, harass or verbally abuse you in any way,
- Provide for either you or the abuser to go and get your things, including granting temporary possession of motor vehicles owned by either of you, and providing for your safety while this occurs, including ordering a law-enforcement officer to go with one or both of you,
- Order the abuser not to sell your things or any shared possessions, and
- Order the abuser to pay you or any other person back for medical expenses, transportation, shelter, and any other expenses you have paid as a result of domestic violence.**
The judge will decide which of these will be included in your protective order based on the facts of your case.
* W. Va. Code § 48-27-502
** W. Va. Code § 48-27-503
back to topIn which county can I file for a protective order?
You can file a petition in the county where you live (either permanently or temporarily), in the county where the abuser lives, or in the county where the abuse took place. If you are getting a divorce, you can also file the petition in the county where the divorce proceedings are taking place.*
* W. Va. Code § 48-27-302