Know the Laws: West Virginia
UPDATED August 20, 2008
If you are moving out of state or are going to be out of the state for any reason, your protective order can still be enforceable.
- General rules
- Getting your Protective Order enforced in another state
- Enforcing custody provisions in another state
General rules
back to topCan I get my protective order from WV enforced in another state?
Yes. If you have a valid West Virginia protective order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, states that all valid protective orders granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See How do I know if my protective order is good under federal law? to find out if your order qualifies.
Each state must enforce foreign protective orders in the same way it enforces its own orders. Meaning, if the abuser violates your foreign protective order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit."
back to topHow do I know if my protective order is good under federal law?
A protective order is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
back to topI have a temporary ex parte order. Can it be enforced in another state?
Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protective order is good under federal law?*
Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.
* 18 U.S.C. § 2265(b)(2)
back to topCan I have my WV protective order changed, extended or canceled in another state?
If WV was the state you moved from, you can fax a "Motion to Terminate" your order to family court and depending on the seriousness of the situation, a hearing might be set.
WV also has an automatic extension of an order process. This process does not require a hearing. When a 90 day order is granted, anytime before the 90 day period is over, you can file to have the order extended to 180 days. There is a one page form that you will have to fill out and file with the circuit court clerk's office.