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Legal Information: West Virginia

Restraining Orders

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Updated: 
April 1, 2024

What protections can I get in a personal safety order?

In a personal safety order, the judge can order that the abuser (respondent):

  • not commit stalking, a sexual offense, or repeated threats of credible threats of bodily injury against you;
  • not threaten to commit stalking, a sexual offense, or repeated threats of credible threats of bodily injury against you;
  • not contact, attempt to contact, or harass you, either directly or indirectly or through third parties (even if the third parties do not know about the order);
  • not enter your home;
  • stay away from your work, school, or home;
  • not visit, assault, molest (bother) or otherwise interfere with you; (Note: If the petitioner is a child, the judge can also order the abuser to stay away from the child’s siblings and other minors who live in the same household as the petitioner); and
  • not have a firearm if:
    • a weapon was used or threatened to be used when the respondent committed the act that caused you to request an order;
    • the respondent has violated a previous personal safety order; or
    • the respondent has been convicted of an offense involving the use of a firearm.1

1 W. Va. Code §§ 53-8-5(2); 53-8-7(d)