Personal Safety 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 Personal Safety Order Is
- Personal Safety Order or Protective Order?
- Who Can File and Where
- Temporary Personal Safety Orders
- The Final Hearing
- How Long an Order Lasts, Changes and Appeals
- Violations
- Confidentiality and Sealing
- If You Have Been Served With a Petition
- How We Help
- Frequently Asked Questions
Not every threat comes from a family member or partner. A neighbor who will not stop following you, a former coworker sending threats, or a stranger who committed a sexual offense can all make daily life feel unsafe. West Virginia’s personal safety order law gives people in those situations a way to ask a magistrate for protection.
At Slavey & Shumaker PLLC, our attorneys represent people seeking a personal safety order and people responding to one in the magistrate courts of Monongalia and Preston Counties. This page explains the process under Chapter 53, Article 8 of the West Virginia Code. If the person causing harm is a family or household member, see our domestic violence protective orders page.
1. What a Personal Safety Order Is
A petitioner may seek a personal safety order by alleging that the respondent committed any of these acts against the petitioner (W. Va. Code § 53-8-4(a)):
- A sexual offense or attempted sexual offense, as defined by a list of criminal statutes in § 53-8-1
- Stalking under § 61-2-9a(a), which covers a course of conduct directed at another person with the intent to cause that person to fear for his or her personal safety or the safety of others, or to suffer substantial emotional distress
- Repeated credible threats of bodily injury “when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety” (§ 53-8-4(a)(3))
Filing for a personal safety order does not prevent the petitioner from pursuing any other legal remedy (§ 53-8-3(b)). A criminal prosecution of the respondent is not a reason to dismiss the petition, and a dismissal or not guilty finding in the criminal case does not require dismissal of the personal safety order case (§ 53-8-4(e)).
2. Personal Safety Order or Protective 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 domestic violence protective 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 | A person seeking relief for himself or herself, or a parent, guardian or custodian on behalf of a minor child or an incapacitated adult | § 53-8-3(a) |
| Where to file | Magistrate court, by verified petition | § 53-8-4(a), (b) |
| Which county | Where any underlying act occurred, where the respondent lives, or where the petitioner lives, temporarily or permanently | § 53-8-4(f) |
| Fees | No fees are charged until the matter is brought before the court for final resolution. If the petition is denied, costs are assessed against the petitioner unless a fee waiver affidavit has been filed, and costs may not be assessed against a prevailing party | § 53-8-13 |
| Priority | Petitions receive priority over other civil actions, except domestic violence cases and trials in progress | § 53-8-12 |
The petition must include what the petitioner knows about the acts and any prior harm, every previous and pending case between the parties, and where the respondent can be found (§ 53-8-4(b)). If disclosing the petitioner’s address would risk further harm, the court may strike it from the petition and other filings (§ 53-8-4(c)). Knowingly providing false information in a petition is a misdemeanor punishable by a fine of $50 to $1,000, up to 90 days in jail, or both (§ 53-8-4(d)).
4. Temporary Personal Safety Orders
If the magistrate finds after a hearing, which may be held without the respondent present, that there is reasonable cause to believe the respondent committed a qualifying act against the petitioner, the magistrate must issue a temporary personal safety order (W. Va. Code § 53-8-5(a)). The order may contain only the relief necessary to protect the petitioner, such as:
- No committing or threatening a qualifying act against the petitioner
- No contacting, attempting to contact or harassing the petitioner, directly, indirectly or through third parties
- Staying away from the petitioner’s residence, place of employment and school (in a stalking case, a temporary order may not bar the respondent from his or her own workplace)
- No visiting, assaulting, molesting or interfering with the petitioner and, if the petitioner is a child, the petitioner’s siblings and the minors in the household
- A prohibition on possessing firearms, in the court’s discretion, only if a weapon was used or threatened, the respondent violated a prior order, or the respondent has a conviction involving a firearm
- Payment of filing fees and costs by either party
The temporary order is served immediately by law enforcement and lasts no more than 10 days after service, though the magistrate may extend it to complete service or for other good cause; failure to serve the respondent is not a basis to dismiss the petition (§ 53-8-5(b), (c)). Officers must serve these orders even on Sundays and legal holidays and must attempt service within 72 hours of receiving the order (§ 53-8-14). If the respondent appears or the court otherwise has jurisdiction over the respondent, and both parties expressly agree, the magistrate may skip the temporary hearing and go straight to the final hearing (§ 53-8-5(d)).
Need a Personal Safety Order, or Served With One?
The final hearing is usually held within 10 days of service. Talk with us about the evidence and witnesses you will need. Telephone consultations are available.
5. The Final Hearing
Unless continued for good cause, the final hearing is held no later than 10 days after the temporary order is served on the respondent (W. Va. Code § 53-8-6(b)). The magistrate may issue a final personal safety order if the court finds by a preponderance of the evidence that the respondent committed a qualifying act against the petitioner and that the petitioner has a reasonable apprehension of continued unwanted or unwelcome contacts by the respondent, or if the respondent consents to the order (§ 53-8-7(a)).
- Relief. A final order may include the same kinds of relief as a temporary order, limited to what is necessary to protect the petitioner (§ 53-8-7(d)).
- Mutual orders. When both parties have filed petitions, the court may issue mutual orders if it finds that each party committed a qualifying act against the other and each has a reasonable apprehension of continued unwanted contact (§ 53-8-7(c)).
- Service. The final order is served in open court, or by first-class mail to a person who is not present, and service is complete upon mailing (§ 53-8-7(e)).
6. How Long an Order Lasts, Changes and Appeals
All relief in a final personal safety order is effective for the period stated in the order, not to exceed two years (§ 53-8-7(f)). The order may be modified or rescinded during its term after notice to both parties and a hearing, and a shorter order may be extended up to the two-year maximum (§ 53-8-8). Either party may appeal the magistrate’s decision to the circuit court of the same county, which hears the case de novo; the magistrate’s order stays in effect until the circuit court rules (§ 53-8-9).
7. Violations
| Violation of a temporary or final personal safety order | Penalty | Authority |
|---|---|---|
| First offense | Misdemeanor; fine of up to $1,000, up to 90 days in jail, or both | § 53-8-11(a)(1) |
| Second or later offense | Misdemeanor; fine of up to $2,500, up to one year in jail, or both | § 53-8-11(a)(2) |
A law enforcement officer must arrest, with or without a warrant, a person the officer has probable cause to believe is violating a personal safety order in effect at the time (§ 53-8-11(b)). Every order must state that a violation may result in criminal prosecution and incarceration, a fine or both (§ 53-8-10).
8. Confidentiality and Sealing
Documents in the court file are confidential and not open to public inspection, although the parties, their attorneys, guardians ad litem, written designees and law enforcement may inspect and copy them unless the file is sealed (§ 53-8-2(a)).
Hearings are closed to the general public, except for people the court finds have a legitimate interest, and the petitioner may bring a support person who is not disruptive (§ 53-8-2(b)).
The law does not authorize sending information from the petition, pleadings or orders to criminal identification systems, though actual criminal charges and convictions are still processed (§ 53-8-16).
Either party may ask to seal all court records, but not until two years after the final order or the denial or dismissal of the petition. The court holds a hearing and may seal the records on good cause if no related temporary order, protective order or criminal charge is pending (§ 53-8-17).
9. If You Have Been Served With a Petition
Follow every term of the temporary order, even if you believe the petition is false. A violation is a crime and an officer must arrest on probable cause.
You have the right to be heard on whether a final order should be issued (§ 53-8-6(a)). If you do not appear, the final order and later notices may be served on you by first-class mail at your last known address, and you must notify the court in writing of any change of address (§ 53-8-6(b)).
Unlike a domestic violence protective order, a personal safety order may restrict firearms only in the circumstances the statute lists, and only in the court’s discretion.
Stalking, threats and sexual offenses can also be charged as crimes. What you say at the hearing may matter in a criminal case, so talk with a lawyer first. See our criminal defense page.
If the magistrate enters an order against you, you may appeal to the circuit court, which hears the case anew (§ 53-8-9).
10. How We Help
We help prepare the petition, gather messages, call logs, photos and witness information, and present the case at the final hearing, including a request for an order of up to two years.
We review the petition, prepare your evidence and witnesses, cross-examine the petitioner’s witnesses and protect your rights in any related criminal case.
We handle requests to modify, extend or rescind an order, violation cases, appeals to circuit court and requests to seal records.
We appear in the magistrate courts of Monongalia and Preston Counties. See our Monongalia County and Preston County pages.
11. Frequently Asked Questions About Personal Safety Orders
Talk With a Personal Safety 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.