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Legal Information: West Virginia

Restraining Orders

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Updated: 
November 8, 2023

Can 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)