Domestic Violence Protective Orders in West Virginia
By J. Brandon Shumaker and J. Tyler Slavey · Slavey & Shumaker PLLC · Morgantown, WV · Last updated November 6, 2026
Table of Contents
- What a Protective Order Is
- Protective Order or Personal Safety Order?
- Who Can File and Where
- Emergency Protective Orders
- The Final Hearing in Family Court
- What a Protective Order Can Include
- How Long an Order Lasts
- Violations of a Protective Order
- If You Have Been Served With a Petition
- How We Help
- Frequently Asked Questions
A protective order can be the most important document in a person’s life during a frightening time. It can also have serious consequences for the person it is entered against, including the loss of the right to possess firearms and limits on contact with children and access to a home. Because the process moves quickly, both sides benefit from understanding it before the final hearing.
At Slavey & Shumaker PLLC, our attorneys represent people seeking protection and people responding to a petition in the magistrate and family courts of Monongalia and Preston Counties. This page explains the process under Chapter 48, Article 27 of the West Virginia Code. For criminal charges that can arise from the same events, see our domestic offenses page.
1. What a Protective Order Is
West Virginia law provides two kinds of protective orders: an emergency protective order entered by a magistrate after the emergency hearing, and a protective order entered by a family court judge after the final hearing (W. Va. Code § 48-27-209). An order is available when there has been “domestic violence” or “abuse” between family or household members, which the law defines to include (§ 48-27-202):
- Attempting to cause, or intentionally, knowingly or recklessly causing, physical harm, with or without a weapon
- Placing another person in reasonable apprehension of physical harm
- Creating fear of physical harm by harassment, stalking, psychological abuse or threatening acts
- Sexual assault or sexual abuse as defined in the criminal code
- Holding, confining, detaining or abducting another person against that person’s will
“Family or household members” include people who are or were married, living together as spouses, sexual or intimate partners, or dating (but not a casual acquaintance); people who are or were living in the same household; parents of a child in common; and a long list of relatives by blood and marriage, from parents and children to in-laws and first or second cousins (§ 48-27-204).
2. Protective Order or Personal Safety Order?
West Virginia has two similar civil orders. Which one fits depends mainly on the relationship between the people involved: a domestic violence protective order is for family or household members, and a personal safety order is for everyone else. The personal safety order law states that it “does not apply to a petitioner who is a person eligible for relief under article twenty-seven, chapter forty-eight of this code” (W. Va. Code § 53-8-3(c)), which is the domestic violence protective order article. For more on the other order, see our personal safety orders page.
| Domestic violence protective order | Personal safety order | |
|---|---|---|
| Who it is for | Family or household members, including spouses, former spouses, dating and intimate partners, people who live together, parents of a child in common and many relatives (W. Va. Code § 48-27-204) | Anyone who is not eligible for a domestic violence protective order, such as a neighbor, coworker, acquaintance or stranger (W. Va. Code § 53-8-3(c)) |
| What must have happened | Domestic violence or abuse, including causing or attempting physical harm, placing someone in reasonable fear of physical harm, harassment, stalking, sexual assault or abuse, or unlawful confinement (§ 48-27-202) | A sexual offense or attempted sexual offense, stalking, or repeated credible threats of bodily injury (§ 53-8-4(a)) |
| Courts involved | Magistrate court enters the emergency order; a family court judge holds the final hearing (§ 48-27-403) | Magistrate court handles both the temporary and the final order (§§ 53-8-5, 53-8-7) |
| Standard for the first order | Good cause; clear and convincing evidence of immediate and present danger of abuse is good cause (§ 48-27-403(a)) | Reasonable cause to believe the respondent committed one of the qualifying acts (§ 53-8-5(a)) |
| Final hearing | Within 10 days after the magistrate enters the emergency order; preponderance of the evidence (§ 48-27-403(d), (e)) | Within 10 days after the temporary order is served, unless continued for good cause; preponderance of the evidence, plus a reasonable apprehension of continued unwanted contact (§§ 53-8-6(b), 53-8-7(a)) |
| How long it lasts | 90 or 180 days, with a 90-day extension on a timely written request, or up to one year when aggravating factors are proven (§ 48-27-505) | The period stated in the order, up to two years; the court may extend a shorter order up to the two-year maximum (§§ 53-8-7(f), 53-8-8) |
| Firearms | Required: the order must prohibit the respondent from possessing any firearm or ammunition (§ 48-27-502(b)) | Discretionary, and only if a weapon was used or threatened, the respondent violated a prior order, or the respondent has a conviction involving a firearm (§ 53-8-7(d)(1)(F)) |
| Penalty for a first violation | 1 day to 1 year in jail, including at least 24 hours of actual confinement, and a fine of $250 to $2,000 (§ 48-27-903(a)) | Up to 90 days in jail, a fine of up to $1,000, or both (§ 53-8-11(a)) |
| Appeal | Final order to the circuit court within 10 days after entry (§ 48-27-510(b)) | To the circuit court, which hears the case anew (de novo) (§ 53-8-9) |
3. Who Can File and Where
| Question | What the law says | Authority |
|---|---|---|
| Who may file | The person seeking protection; an adult family or household member on behalf of the victim, a minor or an incapacitated family member; or a person who reported or witnessed domestic violence and was then abused, threatened, harassed or intimidated | § 48-27-305 |
| Where to file | Magistrate court, by verified petition | § 48-27-304(a) |
| Which county | Where the domestic violence occurred, where the respondent lives, or where the petitioner lives, temporarily or permanently. Married parties may also file where a divorce could be brought | § 48-27-302 |
| Fees | No fees are charged for filing, service or copies until the matter is brought before the court for final resolution | § 48-27-308 |
| Leaving home | The right to relief is not affected by leaving a residence or household to avoid further abuse | § 48-27-303 |
The law states that “[n]o person shall be refused the right to file a petition under the provisions of this article” (§ 48-27-304(b)). A support person may accompany the petitioner unless that person is disruptive (§ 48-27-307), and protective order petitions receive priority on the court’s docket (§ 48-27-309).
4. Emergency Protective Orders
When a petition is filed, a magistrate may enter an emergency protective order, and may do so without the respondent present (ex parte) on good cause shown. Under the statute, “[c]lear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children constitutes good cause for the issuance of an emergency protective order” (W. Va. Code § 48-27-403(a)(1)).
If the respondent is not present, the petitioner must certify in writing the efforts made to notify the respondent, or why notice should not be required (§ 48-27-403(a)(2)).
If the magistrate enters an emergency protective order, the order must prohibit the respondent from possessing firearms (§ 48-27-403(a)(2)).
The respondent is served with the petition, the emergency order, notice of the final hearing and a statement of the right to appear and participate (§ 48-27-403(b)).
An emergency protective order remains in effect until the family court modifies it after the final hearing, and it is in full force and effect in every county in West Virginia (§ 48-27-403(b)).
A petitioner who is denied an emergency protective order may appeal the denial to the family court within five days (§ 48-27-510(a)).
5. The Final Hearing in Family Court
The family court must schedule the final hearing no later than 10 days after the magistrate enters the emergency order (§ 48-27-403(d)). At the hearing, the petitioner must prove the allegations of domestic violence by a preponderance of the evidence, or the petition is dismissed (§ 48-27-403(e)). If the respondent attends and chooses not to contest the allegations or the relief sought, the court may go directly to the relief requested (§ 48-27-501(a)).
- Failing to appear. The notice must state that the petitioner’s failure to appear will result in dismissal, and that the respondent’s failure to appear may result in a protective order for 90 or 180 days (§ 48-27-403(d)).
- Continuances. The hearing may be continued on the respondent’s motion at the convenience of the court; otherwise the court may continue it no more than seven days, and it may modify the emergency order in the meantime (§ 48-27-403(g)).
- Unserved respondent. If the respondent has not been served, the hearing may be continued to permit service, and failure to obtain service is not a basis to dismiss the petition (§ 48-27-403(e)).
- Evidence. Copies of medical reports may be admitted as though they were originals when properly authenticated by the records custodian, and spouses cannot refuse to testify on the ground of marital privilege (§§ 48-27-403(e), 48-27-304(c)).
Final Hearing Coming Up?
The final hearing is usually held within 10 days. Talk with us now about the evidence and witnesses you will need. Telephone consultations are available.
6. What a Protective Order Can Include
Every protective order must order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, and must prohibit the respondent from possessing any firearm or ammunition (W. Va. Code § 48-27-502). The order must state in bold type or capital letters: “VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS $2,000” (§ 48-27-502(e)). The court may also include terms such as (§ 48-27-503):
| Possible term | Examples |
|---|---|
| Home and contact | Possession of the shared residence; staying away from the petitioner’s home, school, business or workplace; no contacting, telephoning or communicating with the petitioner |
| Children | Temporary custody, temporary visitation and supervised visitation when needed to protect the petitioner or children |
| Money | Temporary support and maintenance, and reimbursement of expenses caused by the domestic violence, such as medical costs, transportation and shelter |
| Property | Retrieving personal property with a law enforcement escort, temporary possession of vehicles, and an order not to transfer or encumber property that may be at issue in a divorce, support or partition case |
| Pets | Exclusive care and possession of an animal and an order that the respondent not take, harm or dispose of it |
| Other relief | An intervention program for the respondent, and any other relief necessary to protect the physical safety of the petitioner and others the law protects |
A protective order cannot “in any manner affect title to any real property,” except in limited child support situations (§ 48-27-506). Visitation by a parent who has committed domestic violence may be allowed only if the court finds that adequate provision can be made for the safety of the child and the petitioner (§ 48-27-509(a)).
7. How Long an Order Lasts
| Situation | Length | Authority |
|---|---|---|
| Standard final protective order | 90 or 180 days, in the court’s discretion | § 48-27-505(a) |
| Renewal requested in writing before the order expires | The court must extend the order for another 90 days | § 48-27-505(a), (d) |
| Aggravating factors proven by a preponderance of the evidence after a hearing | Up to one year | § 48-27-505(b) |
| Material violation of a one-year order | Any period the court considers necessary to protect the petitioner’s physical safety | § 48-27-505(c) |
The aggravating factors include a material violation of a prior protective order, two or more protective orders against the respondent in the past five years, prior convictions for domestic battery or assault or a felony crime of violence against a family or household member, a violation of the stalking and harassment statute against a protected person, and circumstances that require a one-year order to protect the petitioner’s physical safety (§ 48-27-505(b)). Either party may ask the family court to modify an order (§ 48-27-505(f)).
If a divorce, custody, paternity or child support case is filed or reopened while a protective order is in effect, the protective order generally stays in effect until the family court enters a temporary or final order in that case or modifies the protective order (§ 48-27-401(d)).
8. Violations of a Protective Order
A violation can be enforced in two ways. A party may file a petition for civil contempt in the family court or circuit court that entered the order, and a hearing must be held within five days (§ 48-27-901). A protected person may also file a criminal complaint for a knowing and willful violation of certain provisions, such as the no-abuse and firearm provisions or a no-contact or stay-away provision the court ordered (§ 48-27-902).
| Conviction for violating a protective order | Jail | Fine | Authority |
|---|---|---|---|
| First offense | 1 day to 1 year, including at least 24 hours of actual confinement | $250 to $2,000 | § 48-27-903(a) |
| Second offense | 3 months to 1 year, including at least 30 days of actual confinement | $500 to $3,000 | § 48-27-903(b) |
| Third or later offense within 10 years of a prior conviction | 6 months to 1 year, including at least 6 months of actual confinement | $500 to $4,000 | § 48-27-903(c) |
9. If You Have Been Served With a Petition
Being served with a petition does not mean a final order will be entered. The petitioner still has to prove the allegations at the final hearing. But the stakes are high, and the emergency order is in effect until that hearing.
Obey every term of the emergency order, even if you believe the petition is false. A violation can lead to contempt or criminal charges and can hurt your case at the final hearing.
The order prohibits you from possessing firearms, and a final order also bars ammunition. The order itself warns that possession while it is in effect is a criminal offense under state and federal law (§ 48-27-502(c)).
You may assert any affirmative defense available to you, and you may file a verified counterclaim if you have your own grounds for a protective order against the petitioner (§ 48-27-306).
Mutual protective orders are prohibited unless both parties have filed petitions and both have proven domestic violence by a preponderance of the evidence (§ 48-27-507).
The same events may lead to criminal charges, such as domestic battery or domestic assault. Anything you say at the protective order hearing may matter in a criminal case, so talk with a lawyer first. See our domestic offenses page.
A party aggrieved by a final protective order may appeal to the circuit court within 10 days after the family court enters it; the order stays in effect during the appeal unless a court stays it (§ 48-27-510(b)).
10. How We Help
We help prepare the petition, gather medical records, photos, messages and witness information, and present the case at the final hearing, including requests for custody, support, possession of the home and a one-year order when the law allows it.
We review the petition, prepare your evidence and witnesses, cross-examine the petitioner’s witnesses and protect your rights in any related criminal or family case.
We handle requests to renew or modify an order, contempt petitions and appeals.
We appear in the magistrate and family courts of Monongalia and Preston Counties. See our Monongalia County and Preston County pages.
11. Frequently Asked Questions About Protective Orders
Talk With a Protective Order Lawyer
Slavey & Shumaker PLLC, 174 Chancery Row, Morgantown. Serving clients in Monongalia and Preston Counties. The initial consultation is free for all case types. Personal injury cases are handled on a contingency fee basis, and other cases are generally billed on an hourly fee basis. Telephone consultations are available.
This page is provided for general informational purposes about West Virginia law and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and past results do not guarantee a similar outcome.