How to Obtain a Restraining Order in West Virginia
- 1). Visit a magistrate court and ask for a Domestic Violence Petition that you will need to file for the protection order. You may file in the county where you live, the county where the respondent (person named in the order) lives, or in the county where the abuse took place.
- 2). Explain in detail in the petition the violent behavior and any other reasons for requesting the protection order. Mention any instances of law enforcement involvement in domestic disputes and any history of the abuser's criminal convictions, firearm possession or substance abuse. Give specific dates, times and locations.
- 3). Return the completed forms to the court clerk, who will file them with the magistrate. You will be asked to show identification and sign the petition in the presence of a notary or judge. There is no charge for filing for a protective order.
- 4). Request an emergency hearing. If the magistrate determines that there is sufficient cause for the emergency order, it will be granted and will be valid for 10 days. The respondent does not have to attend the emergency hearing. Under Under W. Va. Code § 48-27-510, individuals have the opportunity to appeal a a denied emergency order within five days.
- 5). Arrange to have the order served upon the respondent. Under W. VA Code §48-27-311, service may be performed by a sheriff's representative or process server, or by via certified mail if the respondent has left West Virginia.
- 6). Gather evidence for the protection order hearing. Documentation that supports your allegations of substance abuse, violence, threats, intimidation, or other illegal acts will strengthen your case and increase your chances of getting the protection order. Do not lie or falsify information to support your case.
- 7). Present your evidence at the hearing. If you don't attend the hearing, the case may be dismissed. Under W. VA Code §48-27-501, if the respondent attends the hearing and does not contest the allegations or the request for the protective order, the petitioner is not required to present her case and the judge may proceed to issue the order.
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