What is a domestic violence restraining order?

A domestic violence restraining order (also known as a protection order) is a court order that is issued when someone has been the victim of, or threatened with, physical, sexual, verbal, or emotional abuse in a domestic relationship. The order requires the abuser to stay away from and not contact the victim. It also prohibits the abuser from coming near the victim’s home, work, or school. A domestic violence restraining order is issued by a family court judge in West Virginia. The order may last up to one year, and it is up to the judge to decide how long it should stay in effect. The victim must present evidence to the judge that the abuser has threatened or used violence, or is likely to use violence in the future. However, the victim may also request a “pre-trial temporary restraining order” from the judge even before the abuser’s trial. This is a protection measure meant to keep the victim safe until the full domestic violence restraining order is issued. A violation of a domestic violence restraining order in West Virginia could result in the abuser’s arrest. If the order is violated, the victim can also file a civil lawsuit against the abuser. In addition, the abuser may face criminal charges, such as stalking or harassment.

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