A Personal Safety Order
W. Va. Code § 53-8-7 — protection from stalking, sexual offenses or repeated threats by someone who is not family, for up to two years
- A sexual offense or attempted sexual offense.
- Stalking.
- Repeated credible threats of bodily injury that the person knows cause fear.
Those are the acts a petition to magistrate court may allege. It is for people not covered by the domestic violence article, and a parent or guardian may file for a child or incapacitated adult.
Temporary, then final. On reasonable cause, a magistrate issues a temporary order, effective for not more than 10 days after service, that can bar contact, coming to the home, work or school, and in some cases having a firearm.
At the final hearing, the magistrate may issue a final order on a preponderance of the evidence that the act happened and the petitioner reasonably fears more unwanted contact. It lasts for the period stated, not to exceed two years.
Violating one is a misdemeanor, a fine of not more than $1,000 or jail of not more than ninety days the first time, and an officer arrests on probable cause. A particular petition is a question for a licensed West Virginia attorney.
Sources for this section (5)
- W. Va. Code § 53-8-3 — Personal safety orders: who may file; exclusivity; applicability of article
- W. Va. Code § 53-8-4 — Personal safety orders: petition seeking relief
- W. Va. Code § 53-8-5 — Temporary personal safety orders
- W. Va. Code § 53-8-7 — Personal safety hearing; forms of relief
- W. Va. Code § 53-8-11 — Personal safety orders: penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.