A Protective Order
W. Va. Code § 48-27-403 — an emergency order from a magistrate, and a family court hearing within ten days
Domestic violence means causing or attempting physical harm, placing someone in reasonable fear of it, creating fear through harassment, stalking or threats, sexual assault or abuse, or holding someone against their will, between family or household members.
Family or household members include spouses and former spouses, people who live or lived together, intimate or dating partners, people with a child in common, and a long list of relatives by blood and marriage.
The emergency order. On a verified petition, a magistrate may enter an emergency protective order, without notice where there is clear and convincing evidence of immediate and present danger, and the order bars the respondent from having firearms.
Ten days to the final hearing. The family court holds the final hearing not later than 10 days after the emergency order, where the petitioner proves the abuse by a preponderance of the evidence. A petitioner who does not appear has the petition dismissed.
| The final order | How long |
|---|---|
| The final orderOrdinarily | How longNinety days or one hundred eighty days, as the court decides |
| The final orderRenewed on a written request before it expires | How longAn additional ninety-day period |
| The final orderWith an aggravating factor, such as a past violation or prior domestic battery | How longOne year, and extendable |
The victim, an adult family member for a child or incapacitated person, or someone threatened for reporting or witnessing the abuse may file. A particular petition is a question for a licensed West Virginia attorney.
Sources for this section (5)
- W. Va. Code § 48-27-202 — Domestic violence defined
- W. Va. Code § 48-27-204 — Family or household members defined
- W. Va. Code § 48-27-305 — Persons who may file petition for a protective order
- W. Va. Code § 48-27-403 — Emergency protective orders of court; hearings; persons present
- W. Va. Code § 48-27-505 — Time period a protective order is in effect; extension of order
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.