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EspañolWho can get a protective order?
You can apply for a protective order if:
- you are an adult or minor victim of domestic violence as defined by law that was committed by your family or household member or by the relative of your spouse, or someone with whom you live, someone with whom you have a child in common, or someone you are/were dating;
- you are filing for your minor child or for an adult family/household member who is physically or mentally incapacitated and cannot file on his/her own behalf; or
- you have reported or witnessed an act of domestic violence and, as a result, have been abused, threatened, harassed, or you have been the target of other actions intended to intimidate you.1
If you are being abused by someone who is not an intimate partner or family or household member, you may qualify for a personal safety order.
1 W. Va. Code § 48-27-305; W. Va. R. Prac. & P. Dom. Viol. Civ. Proc. 23a(b)
Can a minor file for an order?
A minor can file a petition on his/her own with or without the assistance of his/her parent. A guardian ad litem will be appointed to protect the minor’s best interests if:
- the minor files without a parent/guardian or next friend; or
- the abuser (respondent) is thie minor’s parent or household member, therefore making it unsafe for the child to return to his/her home.1
1 W. Va. R. Prac. & P. for Dom. Viol. Civ. Proc. 23a(b)
Can I file for an order against a minor?
You can file for an order against a minor. A guardian ad litem will immediately be appointed to protect the minor respondent’s best interests.1
1 W. Va. R. Prac. & P. for Dom. Viol. Civ. Proc. 23a(c)
Can I get a protective order against a same-sex partner?
In West Virginia, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protective order? You must also be the victim of an act of domestic violence, which is explained here What is the legal definition of domestic violence in West Virginia?
How much does it cost to get a protective order?
You cannot be charged a fee for filing a petition or other related papers, service of the petition or orders, getting copies of orders, or other related services.1
1 W. Va. Code § 48-27-308
Do I need an attorney?
No, you do not need an attorney to file for a protective order – but it may be a good idea to have one. This is especially important if the abuser has a lawyer. Even if the abuser does not have a lawyer, if you can, try to get in touch with a lawyer to protect your legal rights.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence agencies on the WV Finding a Lawyer page.
Also, the domestic violence organizations in your area and/or court staff may be able to answer some of your questions or help you fill out the necessary court forms. Often, these domestic violence organizations have court advocates who can go with you to the hearing for support. You can find local organizations on our WV Advocates and Shelters page.
