What is the process of filing a restraining order?

In West Virginia, people who are experiencing domestic abuse can file for a restraining order to protect themselves. A restraining order is a court order that requires the abuser to stay away from the victim, their residence, job or school. To obtain a restraining order, the victim must first file a petition in a West Virginia Circuit Court. The petition must include detailed information about the nature of the abuse, such as the dates it occurred and any evidence that proves the abuse. Once the petition is filed, the court will schedule a hearing for the victim to present evidence and testify about the abuse. After hearing the evidence, the judge will determine if a restraining order is appropriate. If the judge approves the restraining order, the abuser must be served with a copy of the order. This will let the abuser know the order is in effect and the rules that must be followed. A restraining order can be extended if the victim requests it and there is a continued need. However, if the abuser violates the order, the victim can call the police and report the violation. Once the restraining order is in effect, the victim can have a safe and secure environment free of the abuser’s intrusion. This can be a very positive step in the healing process and can help ensure a safer future.

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What is the process of filing a restraining order?

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