West Virginia Personal Safety Orders: A Magistrate Court Remedy With a Closed List of Three Grounds
Reviewed by DocDraft Legal Team · West Virginia · Last updated October 22, 2026
West Virginia's personal safety order is filed in magistrate court, not circuit or family court, and it opens only to a closed list of three grounds, so it is narrower than harassment generally. It is a court order directing someone you are not related to, and do not share a household with, to stop contacting you and to stay away. The petition must allege a sexual offense or attempt, a violation of the stalking subsection of section 61-2-9a, or repeated credible threats of bodily injury (W. Va. Code 53-8-4(a)). The line that matters is inside that second ground. The statute borrows only subsection (a), stalking, and leaves out subsection (b), the separate offense of harassment. Facts that amount to plain harassment, with no stalking course of conduct and no repeated credible threats, sit outside the listed grounds. Stalking, by contrast, reaches a course of conduct meant to make you fear for your safety or suffer substantial emotional distress (W. Va. Code 61-2-9a(a)). If the person troubling you is a spouse, partner, ex, relative or someone you live with, this is the wrong order and you want the domestic violence protective order under chapter 48, article 27 instead. A final order can last up to two years (W. Va. Code 53-8-7(f)). This page is document preparation information, not legal advice, and no order can guarantee your safety. Attorney review is available through DocDraft.
Find out where you stand in West Virginia
Who is harassing you?
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Which court hears a personal safety order in West Virginia?
A magistrate court. A petitioner files with a magistrate court, and the action may be heard in the county where an underlying act occurred, where the respondent lives, or where the petitioner lives, temporarily or permanently (W. Va. Code 53-8-4(a), (f)). It does not go to circuit or family court.
What grounds can a West Virginia personal safety order rest on?
A closed list of three: a sexual offense or attempted sexual offense, a violation of the stalking subsection of W. Va. Code 61-2-9a, or repeated credible threats of bodily injury that the person knows or should know cause reasonable fear for safety (W. Va. Code 53-8-4(a)). Nothing outside that list is a ground.
Is plain harassment enough for a West Virginia personal safety order?
Not by itself. Section 53-8-4(a)(2) cites only subsection (a) of 61-2-9a, which is stalking, and not subsection (b), which is the separate harassment offense. Harassment facts can still qualify if they also amount to stalking or to repeated credible threats of bodily injury.
How long does a West Virginia personal safety order last?
A final personal safety order is effective for the period stated in the order, not to exceed two years (W. Va. Code 53-8-7(f)). A temporary order is much shorter, effective for not more than 10 days after service, though the magistrate may extend it to complete service or for other good cause.
West Virginia personal safety order rules at a glance
West Virginia keeps its non-family protective order in a short chapter of its own, chapter 53, article 8, and sends it to magistrate court. A personal safety order directs a respondent to stop contacting you, to stay away from your home, work or school, and to refrain from the listed acts. What sets it apart is the closed list. The legislature wrote a harassment offense into section 61-2-9a(b) but did not carry it into the order, borrowing only the stalking offense in subsection (a). The reachable route for most people is therefore the stalking ground, whose intent element includes causing substantial emotional distress, or the repeated credible threats ground. A reader whose facts are bare harassment should read the grounds closely before filing.
A Cabell County online seller whose refund dispute becomes a pattern of monitoring
A woman in Cabell County sells handmade candles through her own website. After refusing a refund, she hears from the buyer through six accounts, finds him at two weekend markets, and sees her home address posted in a hobby group. She is not related to him and has never lived with him, so the personal safety order is the right track. Her hard question is the ground. Insults alone would be harassment under subsection (b), which the order does not list, so she frames the monitoring, the repeated contact and the address posting as a stalking course of conduct under 61-2-9a(a). She files verified in magistrate court. Whether the magistrate finds the ground made out is for the court.
Relevant Laws
W. Va. Code 53-8-4 (petition and the three listed grounds)
Section 53-8-4(a) lets a petitioner file in magistrate court alleging a sexual offense or attempt, a violation of subsection (a) of section 61-2-9a, or repeated credible threats of bodily injury where the maker knows or has reason to know they cause reasonable fear for safety. Subsection (b) requires a verified petition, (c) allows the address to be stricken, and (f) sets venue.
W. Va. Code 61-2-9a(a) and (b) (stalking, and harassment which is not a ground)
Subsection (a) defines stalking as a course of conduct directed at another person with the intent to cause fear for personal safety, the safety of others, or substantial emotional distress. Subsection (b) separately makes it a misdemeanor to harass, or repeatedly make credible threats against, another. Section 53-8-4(a)(2) incorporates only subsection (a). Subsection (h) supplies the definitions.
W. Va. Code 53-8-5 (temporary personal safety orders)
A magistrate who finds reasonable cause after a hearing, ex parte or otherwise, shall issue a temporary order. Relief includes no contact, stay away and a discretionary firearm prohibition. The order is effective for not more than 10 days after service and may be extended to effect service or for other good cause.
W. Va. Code 53-8-7 (final hearing, relief and duration)
Provides that a magistrate may issue a final order on a preponderance of the evidence that a listed act occurred and the petitioner has a reasonable apprehension of continued unwanted contacts, or on consent. Lists the relief, including the discretionary firearm provision, and provides in subsection (f) that relief is effective for the period stated in the order, not to exceed two years.
W. Va. Code 61-2-9a(f) (violation of a personal safety order)
Provides that a person against whom a protective order under section 53-8-7 is in effect, who has been served with it, and who commits stalking or harassment in which the order's subject is the victim, is guilty of a felony punishable by one to five years in a state correctional facility or a fine of $3,000 to $10,000, or both.
W. Va. Code 48-27-202 (domestic violence defined, the track for family and household members)
Defines domestic violence as specified acts between family or household members, including placing another in reasonable apprehension of physical harm and creating fear of physical harm by harassment, stalking, psychological abuse or threatening acts. A petitioner whose respondent is a family or household member uses chapter 48, article 27 rather than chapter 53, article 8.
Regional Variances
West Virginia civil harassment order rules at a glance
Instrument name
Personal safety order, a magistrate court order under W. Va. Code chapter 53, article 8. It is the closest West Virginia counterpart to a civil harassment order, but it is narrower than the name suggests because it runs on three listed grounds.
Who it covers, and the relationship test
The statute sets no relationship element for the respondent; it is keyed to three acts (W. Va. Code 53-8-4(a)). Domestic violence between family or household members runs under chapter 48, article 27 (W. Va. Code 48-27-202).
The standard
A closed list of three acts: a sexual offense or attempt; a violation of 61-2-9a(a), stalking; or repeated credible threats of bodily injury. Subsection (b) of 61-2-9a, harassment, is not incorporated (W. Va. Code 53-8-4(a)).
Burden of proof
Preponderance of the evidence that a listed act occurred, plus a reasonable apprehension of continued unwanted or unwelcome contacts, or consent by the respondent (W. Va. Code 53-8-7(a)).
Temporary order
Available after a hearing, ex parte or otherwise, on reasonable cause to believe a listed act occurred. Effective not more than 10 days after service, extendable to effect service or for other good cause (W. Va. Code 53-8-5(a)(1), (c)).
Duration
Final order effective for the period stated in the order, not to exceed two years (W. Va. Code 53-8-7(f)).
Renewal
The statutes cited on this page do not state a renewal rule, so none is given here. Ask the magistrate court clerk or an attorney how an expiring order is handled.
Court and form
Magistrate court, in the county of an underlying act, the respondent's residence or the petitioner's residence (W. Va. Code 53-8-4(a), (f)). The petition must be verified. This page does not name a form number, so ask the clerk which form the court uses.
Filing fee
The cited statutes do not state a filing fee amount. The court may order either party to pay filing fees and costs under section 53-8-13 (W. Va. Code 53-8-7(d)(1)(G)). Ask the clerk about the current fee.
Service
A temporary order is served immediately by law enforcement or at the petitioner's option under court rules (W. Va. Code 53-8-5(b)). A final order is served in open court or by first-class mail, and service by mail is complete upon mailing (W. Va. Code 53-8-7(e)).
Firearm provision
Discretionary. The court may prohibit firearm possession where a weapon was used or threatened, a prior order was violated, or the respondent has a firearm-related conviction (W. Va. Code 53-8-5(a)(2)(F), 53-8-7(d)(1)(F)).
Violation
Stalking or harassment against the protected person by someone served with an order under section 53-8-7 is a felony, one to five years or a fine of $3,000 to $10,000, or both (W. Va. Code 61-2-9a(f)).
Frequently Asked Questions
Other West Virginia guides
Adult Guardianship in West Virginia
Adverse Possession in West Virginia: One Ten Year Clock and Six Elements
Asset Protection Planning in West Virginia (2026)
Dealing With Debt Collectors in West Virginia (2026)
Delinquent Property Taxes in West Virginia: Your Sheriff Hands the File to the State Auditor on October 31
Expunging a Criminal Record in West Virginia (2026)
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