Resource for a Recourse: Online Resource Center for Survivors of Abuse

WEST VIRGINIA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic violence (or abuse) is when one family or household member commits any of the following acts to another family or household member:

Tries to physically harm you, with or without a weapon;
Physically harms you, on purpose or recklessly, with or without a weapon;
Makes you afraid that s/he will physically harm you, and your fear is reasonable;
Makes you afraid of physical harm by harassment, psychological abuse or threatening acts;
Sexually assaults you, or sexually abuses you;
Kidnaps you; or
Holds or detains you against your will.

There are three types of people who can get a protective order:

Victims of domestic violence
Adult family or household members of domestic violence victims
People who have witnessed domestic violence

If you are a victim of domestic violence, you can get a protective order to protect you from:

your husband or ex-husband
your wife or ex-wife
a partner that you live with (or used to live with)
someone you have had sex with
someone you're dating or used to date
someone you live with or used to live with
the mother or father of your child whether or not you have ever lived with them
your parent or step-parent
your sibling, step-sibling, or half-sibling
your father-in-law or mother-in-law, step-father-in-law or step-mother-in-law
your child, stepchild or adoptive child
your daughter-in-law or son-in-law, stepdaughter-in-law or stepson-in-law
your grandparent, step-grandparent
your aunt, uncle, or in-law
your niece or nephew
your first or second cousin

Note that a minor under the age of 16 will need a parent or guardian to file on his or her behalf.

The legal definition applies to same-sex partners, but not all judges rule the same in these cases. If this applies to you, you should contact a local organization for help figuring out how your local court will rule and how best to position your case.

Types of protective orders:

An Emergency Protective Order

This is a court order designed to provide you and your family members with immediate protection from your abuser. In order to get a Final Protective Order, you need to have a full court hearing with your abuser present. An Emergency Protective Order will protect you from the time you file for the Final Protective Order until your full court hearing. This will usually be within 10 days. You may receive an Emergency Protective Order without your abuser present ("ex parte").

A Final Protective Order

This offers the same type of protection as an Emergency Protective Order, but it lasts longer. Since it lasts longer, you will have to have a full court hearing to get a Final Protective Order. In this hearing, your abuser will have a chance to respond to your Petition.

BACK TO TOP

Benefits:

An Emergency and Final Protective Order can do one or more of the following:

Order the abuser to stop abusing, harassing, stalking, threatening or otherwise intimidating you and/or your children,
Order the abuser not to do anything that would place you or your children in reasonable fear of bodily injury,
Order the abuser to hand in any firearms or ammunition he/she has, even if they are licensed to have the firearm or ammunition, 6
Grant you possession of the house or apartment you share,
Order the abuser to stay away from your residence and the area immediately surrounding it
Award temporary custody or temporary visitation for your minor children, including supervised visitation,
Order temporary support for you and your children,
Order the abuser not to enter the school, business or place of employment of you or of any household or family members for the purpose of violating the protective order;
Order the abuser to participate in a batterer's treatment program,
Order the abuser not to contact, telephone, communicate, harass or verbally abuse you in any way,
Provide for either you or the abuser to go and get your things, including granting temporary possession of motor vehicles owned by either of you, and providing for your safety while this occurs, including ordering a law-enforcement officer to go with one or both of you,
Order the abuser not to sell your things or any shared possessions, and
Order the abuser to pay you or any other person back for medical expenses, transportation, shelter, and any other expenses you have paid as a result of domestic violence.

BACK TO TOP

Costs:

The forms for an Order of Protection are free.

BACK TO TOP

Violations:

If you believe that your abuser has violated the Order of Protection, 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.

BACK TO TOP