Can a minor file for an order?
A minor can file a petition on his/her own with or without the assistance of his/her parent. A guardian ad litem will be appointed to protect the minor’s best interests if:
- the minor files without a parent/guardian or next friend; or
- the abuser (respondent) is thie minor’s parent or household member, therefore making it unsafe for the child to return to his/her home.1
1 West Virginia Rules of Practice and Procedure for Domestic Violence, Rule 23a(b)