Restraining Orders

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