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: Virginia Occidental

Restraining Orders

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Actualizada: 
1 de abril de 2024

Who can get a personal safety order?

You can file for a personal safety order against anyone who committed one of the three specific acts of abuse against you as long as:

  • s/he is not a member of your family or household; and
  • you do not have a romantic relationship with him/her.1

You can also file for a personal safety order on behalf of a minor child or an incapacitated adult if you are the parent, guardian, or custodian of that person.2

1 W. Va. Code §§ 53-8-1(4); 53-8-4(a); See West Virginia Legal Aid, Personal Safety Orders in West Virginia
2 Petition for Personal Safety Order on the West Virginia Judiciary website

What are the steps for getting a personal safety order?

The steps to get a personal safety order are similar to the steps to get a domestic violence protective order, but you will fill out different paperwork. You can find the petition for a personal safety order on our WV Download Court Forms page. If you have questions, you can call the clerk of court or talk to a lawyer. You can find the contact information for local courthouses on the WV Courthouse Locations page and for lawyers on the WV Finding a Lawyer page.