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Legal Information: West Virginia

Restraining Orders

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Laws current as of April 16, 2025

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.

If you get an emergency protective order against your own child or another minor child who lives with you, that order will be treated by the judge as a juvenile delinquency petition.

If you get a final protective order against your own child or another minor child who lives with you, any issues related to custody, visitation, and support of that child will be referred to the judge hearing the related delinquency case.1

1 W. Va. R. Prac. & P. for Dom. Viol. Civ. Proc. 23a(c)