How to Get a Restraining Order in West Virginia
In West Virginia these are called Domestic violence protective order (emergency protective order and final protective order). A protective order is a court order that tells someone to stop abusing, threatening, stalking or contacting you. Here is how to ask for one, what happens next, and where to get free help — each rule linked to the statute or official court page.
Quick answers for West Virginia
- Emergency / temporary orders
- A magistrate can enter an emergency protective order, ex parte if needed, when there is clear and convincing evidence of immediate and present danger of abuse. W. Va. Code § 48-27-403(a)-(b)
- How long an order lasts
- A protective order lasts 90 or 180 days, at the court's discretion; if you send a written renewal request before it expires, the court extends it another 90 days. W. Va. Code § 48-27-505
- Where to ask
- The petition is filed in magistrate court. It may be filed in the county where the violence happened, where the respondent lives, or where you are living, even temporarily (or, for married parties, a county where a divorce could be filed). W. Va. Code §§ 48-27-302, 48-27-304
Last verified: 2026-10-25
Safety first
- If you are in immediate danger, call 911.
- You can talk to a trained advocate any time, for free and confidentially, through the National Domestic Violence Hotline.
- Advocates can help you make a safety plan and fill out the court forms. Many courts have advocates on site.
- Keep copies of the order with you. Give copies to people who need to know, such as your workplace or your child's school.
Getting an order
| Types of orders | West Virginia issues domestic violence protective orders: an emergency protective order from magistrate court, followed by a protective order after a final hearing in family court. |
|---|---|
| Who can ask for an order | Family or household members: current or former spouses; people who live or lived together as spouses; current or former sexual or intimate partners; people who are dating or used to date; people who live or lived in the same household; people with a child in common; and many relatives (parents, stepparents, siblings, children, in-laws, grandparents, aunts, uncles, nieces, nephews, first or second cousins). An adult family or household member can file for a minor or incapacitated family member, and a person who reported or witnessed domestic violence and was then threatened or harassed can also file. |
| Where to ask | The petition is filed in magistrate court. It may be filed in the county where the violence happened, where the respondent lives, or where you are living, even temporarily (or, for married parties, a county where a divorce could be filed). No one may be refused the right to file. After-hours access was not confirmed from the pages read. |
Emergency orders and the hearing
| Emergency / temporary orders | A magistrate can enter an emergency protective order, ex parte if needed, when there is clear and convincing evidence of immediate and present danger of abuse. The emergency order must bar the respondent from possessing firearms and stays in effect until the family court acts at the final hearing. Source: W. Va. Code § 48-27-403(a)-(b) |
|---|---|
| Serving the order | The magistrate court orders the petition, any emergency order and notice of the final hearing served on the respondent immediately, and copies go to law enforcement within 24 hours. If personal service by law enforcement fails, the order can be served by published notice plus first-class mail. Whether service is free was not confirmed. |
| The court hearing | The family court must schedule the final hearing no later than 10 days after the magistrate enters the emergency order. If the respondent does not contest the allegations, the court can go directly to the relief requested. |
| How long an order lasts | A protective order lasts 90 or 180 days, at the court's discretion; if you send a written renewal request before it expires, the court extends it another 90 days. It can be 1 year if aggravating factors are present (such as a prior violation, two or more prior orders in 5 years, or prior domestic violence convictions), and a 1-year order can be extended further after a material violation. Source: W. Va. Code § 48-27-505 |
What the order does
| What an order can require | Every order must bar abuse, harassment, stalking and threats and bar firearm possession. It may also give you the home, keep the respondent away from your home, school or job, set temporary custody and visitation (including supervised visits), order temporary support, bar contact, order an intervention program, provide for retrieving property and vehicles with a police escort, order reimbursement of expenses such as medical and shelter costs, protect property from transfer, give you care of animals, and order other relief needed for safety. |
|---|---|
| Firearms | Every emergency and final protective order must prohibit the respondent from possessing any firearm or ammunition and must warn that possession while under the order is a crime under state and federal law. |
| If the order is violated | Knowingly and willfully violating key provisions of an emergency or final protective order is a misdemeanor: 1 day to 1 year in jail (at least 24 hours actually served) and a $250 to $2,000 fine. Second and third offenses carry longer mandatory jail time and higher fines. Police must immediately arrest when they observe a knowing violation. |
Children and privacy
| Minors and children | An adult family or household member can file on behalf of a family or household member who is a minor child. Orders can protect minor children and set temporary custody. |
|---|---|
| Keeping your address private | The West Virginia Secretary of State runs the Address Confidentiality Program (ACP), which gives victims of domestic violence, sexual assault, stalking and human trafficking a substitute address for mail, voting, DMV transactions and school enrollment. Contact (866) 767-8683 and ask for the ACP Manager. |
Forms and help in West Virginia
- West Virginia courts: protective order help
- Official West Virginia protective order forms
- West Virginia Coalition Against Domestic Violence — 304-965-3552
- Free legal aid in West Virginia
West Virginia protective order FAQ
What kinds of protective orders are available in West Virginia?
West Virginia issues domestic violence protective orders: an emergency protective order from magistrate court, followed by a protective order after a final hearing in family court.
Who can get a restraining order in West Virginia?
Family or household members: current or former spouses; people who live or lived together as spouses; current or former sexual or intimate partners; people who are dating or used to date; people who live or lived in the same household; people with a child in common; and many relatives (parents, stepparents, siblings, children, in-laws, grandparents, aunts, uncles, nieces, nephews, first or second cousins). An adult family or household member can file for a minor or incapacitated family member, and a person who reported or witnessed domestic violence and was then threatened or harassed can also file.
Where do I file for a restraining order in West Virginia?
The petition is filed in magistrate court. It may be filed in the county where the violence happened, where the respondent lives, or where you are living, even temporarily (or, for married parties, a county where a divorce could be filed). No one may be refused the right to file.
How fast can I get an emergency protective order in West Virginia?
A magistrate can enter an emergency protective order, ex parte if needed, when there is clear and convincing evidence of immediate and present danger of abuse. The emergency order must bar the respondent from possessing firearms and stays in effect until the family court acts at the final hearing.
What happens at the restraining order hearing in West Virginia?
The family court must schedule the final hearing no later than 10 days after the magistrate enters the emergency order. If the respondent does not contest the allegations, the court can go directly to the relief requested.
How long does a restraining order last in West Virginia?
A protective order lasts 90 or 180 days, at the court's discretion; if you send a written renewal request before it expires, the court extends it another 90 days. It can be 1 year if aggravating factors are present (such as a prior violation, two or more prior orders in 5 years, or prior domestic violence convictions), and a 1-year order can be extended further after a material violation.
What can a protective order do in West Virginia?
Every order must bar abuse, harassment, stalking and threats and bar firearm possession. It may also give you the home, keep the respondent away from your home, school or job, set temporary custody and visitation (including supervised visits), order temporary support, bar contact, order an intervention program, provide for retrieving property and vehicles with a police escort, order reimbursement of expenses such as medical and shelter costs, protect property from transfer, give you care of animals, and order other relief needed for safety.
Does a protective order affect firearms in West Virginia?
Every emergency and final protective order must prohibit the respondent from possessing any firearm or ammunition and must warn that possession while under the order is a crime under state and federal law.
How is a restraining order served in West Virginia?
The magistrate court orders the petition, any emergency order and notice of the final hearing served on the respondent immediately, and copies go to law enforcement within 24 hours. If personal service by law enforcement fails, the order can be served by published notice plus first-class mail.
What happens if someone violates a protective order in West Virginia?
Knowingly and willfully violating key provisions of an emergency or final protective order is a misdemeanor: 1 day to 1 year in jail (at least 24 hours actually served) and a $250 to $2,000 fine. Second and third offenses carry longer mandatory jail time and higher fines. Police must immediately arrest when they observe a knowing violation.
Can a minor get a restraining order in West Virginia?
An adult family or household member can file on behalf of a family or household member who is a minor child. Orders can protect minor children and set temporary custody.
Can I keep my address confidential in West Virginia?
The West Virginia Secretary of State runs the Address Confidentiality Program (ACP), which gives victims of domestic violence, sexual assault, stalking and human trafficking a substitute address for mail, voting, DMV transactions and school enrollment. Contact (866) 767-8683 and ask for the ACP Manager.
Protective orders in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.