Restraining Orders

There are two types of personal safety orders: temporary ex parte orders and final orders (issued after notice and the opportunity to participate in a hearing).

Temporary ex parte personal safety orders
When you file a petition for a personal safety order, you can ask for a temporary ex parte personal safety order to be issued immediately. The judge can grant you a temporary order if s/he has reasonable cause to believe that the respondent has committed a specific act of abuse against you. The judge will schedule the hearing for your final order within ten days of service of the order.¹

Final personal safety orders
After the respondent has been served with notice of the case and has had an opportunity to participate in the court hearing, the judge can grant a final personal safety order. The judge can grant you a final personal safety order if the judge finds that the abuser:

• committed a sexual offense or attempted sexual offense;
• stalked you; or
• repeatedly threatened you with bodily injury and knows (or should know) that these threats would cause you to reasonably fear for your safety.²

A final personal safety order can last for up to two years.²

¹ W. Va. Code § 53-8-5(c)(1)
² W. Va. Code §§ 53-8-6(C); 53-8-4(a)