Breaking A Protective Order
W. Va. Code § 48-27-903 — at least twenty-four hours in jail the first time
A knowing and willful violation of the core terms of an emergency or final protective order, of a bail or probation condition protecting a particular person, or of a stalking restraining order is a misdemeanor.
| Conviction | The penalty |
|---|---|
| ConvictionFirst | The penaltyNot less than one day nor more than one year, including not less than twenty-four hours actually served, and a fine of not less than $250 nor more than $2,000 |
| ConvictionSecond | The penaltyNot less than three months nor more than one year, including not less than thirty days actually served, and a fine of not less than $500 nor more than $3,000 |
| ConvictionThird within ten years | The penaltyNot less than six months nor more than one year |
The order binds the respondent, not the person it protects. A particular charge is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 48-27-903 — Misdemeanor offenses for violation of protective order; repeat offenses; 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.