Restraining Orders

In a financial exploitation protective order, a judge can order that the respondent:

• return the property or assets that s/he improperly took, got control of, or used; and
• pay money damages (“actual damages”) for any damages you suffered or for the value of the property or assets lost because of the exploitation.¹

The judge can also order additional damages to be paid as punishment for the financial exploitation. If the respondent is not in a position of trust, the judge can order that s/he pay two times the amount of money damages you suffered or two times the value of the property or assets that were lost.² If the respondent is in a position of trust, the judge can order that s/he pay three times the amount.³

When you file for a financial exploitation protective order, you can also request that the judge order that the respondent:

• give an accounting of the status of your income and other resources;
• stop committing or threatening to commit acts of financial abandonment or abuse;
• stay out of your home;
• stay away from you and not have contact with you either directly or through another person;
• not come near your home, workplace, adult day program, or long-term care facility; and
• not transfer your property for up to 90 days.⁴

In addition, if you file a petition to freeze assets, you can get additional remedies ordered. See What types of financial exploitation protective orders are there? How long do they last? for more information.

¹ W. Va. Code § 55-7J-3(a)
² W. Va. Code § 55-7J-3(b)(1)
³ W. Va. Code § 55-7J-3(b)(2)
⁴Petition for Temporary Financial Exploitation Order