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Legal Information: West Virginia

Restraining Orders

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Updated: 
April 1, 2024

Who can get a personal safety order?

You can file for a personal safety order against anyone who committed one of the three specific acts of abuse against you as long as:

  • s/he is not a member of your family or household; and
  • you do not have a romantic relationship with him/her.1

You can also file for a personal safety order on behalf of a minor child or an incapacitated adult if you are the parent, guardian, or custodian of that person.2

1 W. Va. Code §§ 53-8-1(4); 53-8-4(a); See West Virginia Legal Aid, Personal Safety Orders in West Virginia
2 Petition for Personal Safety Order on the West Virginia Judiciary website

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