What protections can I get in a protective order?
An emergency protective order will include the following terms:
- order the abuser to stop abusing, harassing, stalking, threatening or intimidating you and/or your children;
- order the abuser not to do anything that would place you or your children in reasonable fear of bodily injury;
- order the abuser to hand in any firearms or ammunition s/he has, even if s/he is licensed to have the firearm or ammunition; and
- inform the abuser that the protective order can be enforced in every county in the state.1
A final protective order will include the all of the restrictions listed above and it can include any or all of the following:
- grant you possession of the house or apartment you where you lived with the abuser when the abuse occurred;
- order the abuser to stay away from your residence and the area immediately surrounding it;
- award temporary custody or temporary visitation for your minor children, including supervised visitation;
- order temporary spousal and/or child support for you and your children;
- order the abuser not to enter the school, business or place of employment of you or your household/ family members for the purpose of violating the protective order;
- order the abuser to participate in a batterer’s treatment program;
- order the abuser not to contact, telephone, communicate, harass or verbally abuse you in any way;
- provide for either you or the abuser to go and get your things, including granting temporary possession of motor vehicles owned by either or both of you, and providing for your safety while this occurs (e.g., ordering a law-enforcement officer to go with one or both of you);
- order you and the abuser not to sell, give away, or destroy each other’s things (including joint property);
- give you possession and control of family pets and ordering the abuser not to harm, kill, or see the animal;
- order the abuser to pay you or any other person back for medical expenses, transportation, shelter, and any other expenses you have paid as a result of domestic violence; and
- include anything else in the order that the judge thinks is necessary to keep you and whoever else is on the protection order safe.2
The judge will decide which of these will be included in your protective order based on the facts of your case.
1 W. Va. Code § 48-27-502(a), (b)
2 W. Va. Code §§ 48-27-502(a), (b); 48-27-503