Legal Information: West Virginia

Restraining Orders

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November 8, 2023

What is the legal definition of stalking?

Stalking is when someone repeatedly behaves in a way, or causes another person to behave in a way, that s/he knows, or should know, will cause you to:

  • fear for your safety;
  • fear for the safety of others; or
  • suffer significant emotional distress.1

This behavior (course of conduct) includes when the stalker, directly or indirectly:

  • follows, monitors, observes, surveils, or threatens you;
  • contacts or communicates with you without your agreement (consent), including electronically; or
  • interferes with or damages your property or pet.

1 W. Va. Code §§ 53-8-4(a)(2); 61-2-9a(a)
2 W. Va. Code § 61-2-9a(h)(2)

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