Obtaining a restraining protective order in West Virginia is not a difficult process. Going to your local court office and obtaining a few forms will have you well on your way to receiving a protective order. Be sure to accurately document all incidents that led to your needing a restraining order and write down as much information concerning your alleged abuser as possible.
Go to the county courthouse where you live or where your alleged abuser lives. If possible, bring a photo of your abuser, along with his vehicle license plate information.
Ask the clerk of court for the forms needed to file a petition for a protective order. In West Virginia, there are no fees associated with filing these forms.
Fill out all forms carefully and be sure to provide in detail all incidents that led to you needing the restraining order. The forms will need to be signed in front of a court magistrate or notary.
Wait for the forms to be reviewed by the clerk of court or court magistrate. An emergency order may be granted if the magistrate or clerk of court deems it necessary. An emergency order is valid for 10 days and gives you protection before your case is heard for a more long-term restraining order. If an emergency order is not granted, a hearing for a long-term restraining order will be scheduled within a 10- to 15-day time period. You do not have to be in attendance at the hearing, as long as you have legal counsel present.
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