Restraining Orders

If the abuser files a case asking a West Virginia judge to decide whether your order is valid, you can use a copy of your Canadian order as initial (prima facie) evidence that it should be enforced. This means that once you provide a copy of the order to the judge, the abuser must prove that the order is not valid or otherwise should not be enforced in West Virginia.¹

To be enforced by the judge, your order must:

• identify you as the protected party and the abuser as the respondent;
• be currently in effect and not have expired;
• have been issued by a Canadian court that had:
  
  • power over both you and the abuser (personal jurisdiction); and
  • the ability to decide issues related to the domestic violence (subject matter jurisdiction);
• have been issued for a reason (basis) that a domestic violence protective order could be issued in West Virginia; and
• have been issued after:
  
  • The abuser was given notice and had an opportunity to be heard by the Canadian judge; or
  • The abuser was given notice and will have an opportunity to appear in court within a reasonable time after the order was issued, if the order is ex parte.²

If the judge agrees with the abuser that your order is not valid, the judge will issue an order saying that the Canadian order cannot be enforced or registered.³ If the judge does not agree with the abuser, your Canadian order will be recognized by the court as enforceable.⁴ 

¹ W. Va. Code § 48-28B-4(a), (d), (e)
² W. Va. Code § 48-28B-4(c)
³ W. Va. Code § 48-28B-4(e)
⁴ W. Va. Code § 48-28B-4(b)