Step 7. The hearing
Hearings for final orders are held in the family court. You must go to the hearing if you want a final order. If you do not go to the hearing, your emergency order will expire and you will have to start the process over. It is generally best to have a lawyer represent you at the hearing if you can, especially if you think the abuser will have one. Go to our WV Finding a Lawyer page for legal referrals.
If the abuser does not show up for the hearing, the judge may still grant you a protective order, or the judge may order a new hearing date if the abuser has not been served. If the judge orders a new hearing date, make sure to ask the judge to extend your emergency order until then.1
To get a 90-day final order or a 180-day order, you must:
- Prove that the abuser has committed an act(s) of domestic violence (as defined by the law) against you or your children; and
- Convince a judge that you need the specific protections you asked for in the petition.2
To qualify for a one-year final order, you have to prove at a hearing that one of the following “aggravating factors” exists:
- There has been a serious violation of a past protective order;
- Two or more protective orders have been entered against the abuser (by anyone) within the previous five years;
- The abuser has one or more prior convictions for domestic battery or assault or a felony crime of violence while you were a family or household member;
- The abuser was convicted of stalking or harassment against someone who currently has an order of protection against the abuser; or
- That given the overall circumstances of your case, a one-year order is necessary to protect the physical safety of you and/or anyone else listed on the petition.3
See the At the Hearing page for ways you can show the judges you were abused.
It is extremely important that you attend the hearing. If you absolutely cannot attend the hearing, call the clerk and ask how you can get a “continuance” for a later court date. If you think you might not be safe, or might not be able to tell the judge your story in front of the abuser, call one of the domestic violence organizations in your area to find out if someone can go with you to the hearing. (Go to WV Advocates and Shelters to find an organization in your area).
1 West Virginia Rules of Practice and Procedure for Domestic Violence Civil Proceedings, Rule 14
2 W. Va. Code § 48-27-501
3 W. Va. Code § 48-5-505(a),(b)