English
EspañolCan I change, cancel, or extend my order?
Either party can file a petition to change (modify) an order. Only you (the petitioner) can file a petition to cancel (terminate) an order before it expires.1 After the petition is filed, the other party would be notified and the case would be set down for a hearing where both parties can be present..
One modification that you can request is for the order to be extended. However, the judge can only extend the order if the original order was issued for less than a two-year period. If that’s the case, then the judge can extend it so that it will be valid for two years from the date that it was first issued.2
1 W. Va. Code § 53-8-8(a); see also Petition to Modify Personal Safety Order and Petition to Terminate Personal Safety Order on the West Virginia Judiciary website
2 W. Va. Code § 53-8-8(b)
What happens if the abuser violates the order?
If the abuser disobeys any of the restrictions in the order, you can call the police to report the violation. If the police have “probable cause” to believe the abuser is violating the order, the officer must arrest the abuser. The officer should arrest the abuser even if s/he does not have an arrest warrant.1
If the abuser disobeys any of the restrictions in the order, s/he could be found guilty of committing a misdemeanor. If the abuser is convicted for a first offense of violating a personal safety order, s/he could face:
- a fine of up to $1,000;
- being put in jail (incarcerated) for up to 90 days; or
- both.2
If the violation is his/her second offense, s/he could face:
- a fine of up to $2,500;
- being put in jail (incarcerated) for up to one year; or
- both.3
1 W. Va. Code § 53-8-11(b)
2 W. Va. Code § 53-8-11(a)(1)
3 W. Va. Code § 53-8-11(a)(2)
