Restraining Orders

A minor can file a petition on his/her own, with or without the assistance of his/her parent. A guardian ad litem will be appointed to protect the minor’s best interests if:

• the minor files without a parent/guardian or next friend; or
• the abuser (respondent) is the minor’s parent or household member, therefore making it unsafe for the child to return to his/her home.¹

The guardian will be appointed even if the judge does not give an emergency protective order, because that denial can be appealed. The judge may also appoint a guardian if a minor child files for an order with the assistance of a parent/guardian or next friend, but it is not required.¹

The judge will also make a referral to Child Protective Services if:

• the judge believes the minor is being, or is likely to be, abused or neglected; or
• the judge is not able to find a responsible and appropriate family member or adult to take custody of the child while the case is being decided.¹

¹ W. Va. R. Prac. & P. for Dom. Viol. Civ. Proc. 23a(b)