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Legal Information: West Virginia

Restraining Orders

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Laws current as of April 16, 2025

Who can get a protective order?

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;
  • 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, you have been abused, threatened, harassed, or the target of other actions intended to intimidate you.1

If you are being abused by someone who is not a family or household member, you may qualify for a personal safety order.

1 W. Va. Code § 48-27-305; W. Va. R. Prac. & P. Dom. Viol. Civ. Proc. 23a(b)

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