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Legal Information: West Virginia

Restraining Orders

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Updated: 
November 8, 2023

What can I do if the abuser violates the order?

If you believe that the abuser has violated the protective order, you can call 911. If the police find that the abuser has violated a valid court order, then the police must arrest the abuser immediately. Violation of the order is a criminal offense, and penalties can include jail terms.

When the police arrive, it is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.

If the abuser violates the order and you do not have time to call the police or the police do not get there in time to see the violation, you may file a criminal complaint. If a judge finds probable cause that the abuser has violated the order, then the judge can issue a warrant for his arrest.

If the abuser violates the protective order, you may also file a petition for civil contempt. To file for civil contempt, go to the courthouse where you first got the order, or to the courthouse where the violation occurred. Tell the clerk that you need to file a “Petition to Show Cause” for violation of a protective order. You will get a court date, usually within 5 days, and will then have to prove to a judge that the abuser violated the order.1

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

1 W. Va. Code § 48-27-901