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Legal Information: West Virginia

Restraining Orders

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Updated: 
August 4, 2020

What protections can I get through a financial exploitation protective order?

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