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Legal Information: West Virginia

Restraining Orders

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Updated: 
November 8, 2023

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 West Virginia Rules of Practice and Procedure for Domestic Violence, Rule 23a(b)