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Legal Information: West Virginia

Restraining Orders

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Updated: 
November 8, 2023

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)