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How to Get a Protective Order in West Virginia

Reviewed by DocDraft Legal Team · West Virginia · Last updated September 17, 2026

In West Virginia, a domestic violence protective order (DVPO) is a civil court order that directs an abuser to stop the abuse and stay away from you, issued under the state Domestic Violence Act (W. Va. Code 48-27-1 and following). You seek one when a family or household member, a current or former partner, or someone you share a child with has abused, threatened, stalked, or harassed you. West Virginia uses a two-step process. You file a verified Domestic Violence Petition with the magistrate court, and a magistrate can enter a same-day Emergency Protective Order (EPO) without the other person present when there is clear and convincing evidence of immediate danger (W. Va. Code 48-27-403). There is no fee to file, serve, or copy the papers (W. Va. Code 48-27-308). The magistrate's emergency order stays in effect until a family court holds a final hearing, scheduled within 10 days (W. Va. Code 48-27-403). At that hearing, if you prove the abuse by a preponderance of the evidence, the family court issues a final DVPO (W. Va. Code 48-27-501). A final order lasts 90 or 180 days in the court's discretion, or up to one year when aggravating factors are present, and it can be extended (W. Va. Code 48-27-505). If you are in immediate danger, call 911; the National Domestic Violence Hotline is available at 1-800-799-7233. Attorney review of your petition is available through DocDraft.

Find out where you stand in West Virginia

Where are you in getting a restraining order?

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How do I get a protective order in West Virginia?

File a verified Domestic Violence Petition with the magistrate court in the county where you or the abuser lives. There is no filing fee (W. Va. Code 48-27-308). A magistrate can issue a same-day Emergency Protective Order, and a family court holds a final hearing within 10 days (W. Va. Code 48-27-403).

How long does it take to get a protective order in West Virginia?

A magistrate can enter an Emergency Protective Order the same day you file, without the other person present, when there is clear and convincing evidence of immediate danger of abuse (W. Va. Code 48-27-403). That emergency order stays in effect until the family court hearing, held within 10 days.

How long does a domestic violence protective order last in West Virginia?

A magistrate's Emergency Protective Order lasts until the family court hearing. After the hearing, a final Domestic Violence Protective Order lasts 90 or 180 days in the court's discretion, or up to one year when aggravating factors are present, and the court can extend it (W. Va. Code 48-27-505).

Which court handles protective orders in West Virginia?

West Virginia uses two courts. You file with the magistrate court, which can issue the emergency order the same day. The case then transfers to the family court, which holds the final hearing within 10 days and decides whether to grant a final protective order (W. Va. Code 48-27-403).

West Virginia protective order law at a glance

In West Virginia, a domestic violence protective order (DVPO) protects you from abuse by a family or household member, a current or former partner, or a co-parent, under the state Domestic Violence Act (W. Va. Code 48-27-1 and following). You start by filing a verified Domestic Violence Petition with the magistrate court, and there is no fee to file, serve, or copy the papers (W. Va. Code 48-27-308). A magistrate can enter a same-day Emergency Protective Order without notice to the other person when clear and convincing evidence shows immediate danger (W. Va. Code 48-27-403). That order stays in effect until the family court holds a final hearing, scheduled within 10 days. If the court grants a final DVPO, it lasts 90 or 180 days, or up to one year with aggravating factors, and can be extended (W. Va. Code 48-27-505).

Getting a West Virginia protective order after threats from an ex-partner

Suppose a former partner in West Virginia keeps coming to your home and sending threatening messages. You complete a verified Domestic Violence Petition, describe the threats with dates, and file it with the magistrate court at no cost (W. Va. Code 48-27-308). That day a magistrate signs an Emergency Protective Order because the petition shows immediate danger of abuse (W. Va. Code 48-27-403), and the case is set for a family court hearing within 10 days. A sheriff's deputy serves your ex for free. At the hearing you show the messages and testify. The family court finds abuse by a preponderance of the evidence and grants a one-year Domestic Violence Protective Order (W. Va. Code 48-27-505). You keep a copy with you and calendar the expiration to seek a renewal. Attorney review of your petition is available through DocDraft.

Relevant Laws

W. Va. Code 48-27-403 (emergency protective orders; hearings)

Authorizes a magistrate court, upon the filing of a verified petition, to enter an emergency protective order to protect the petitioner or minor children from domestic violence, and requires the family court to schedule the final hearing not later than 10 days following entry of the magistrate's order. The emergency order is effective until modified by the family court at that hearing.

W. Va. Code 48-27-501 (issuance of protective order)

Directs the family court to enter a protective order when it finds, after hearing the evidence, that the petitioner has proved the allegations of domestic violence by a preponderance of the evidence, and governs the terms and modification of the order.

W. Va. Code 48-27-505 (duration and extension of the order)

Provides that a final protective order entered by the family court is effective for 90 days or 180 days in the discretion of the court, that the court may enter a one-year order when it finds aggravating factors such as prior violations or prior protective orders, and that the court may extend the order to protect the petitioner.

W. Va. Code 48-27-308 (fees and costs postponed)

Provides that no fees are charged for the filing of petitions or other papers, service of petitions or orders, copies of orders, or other costs for services associated with any proceedings under the article until the matter is brought before the court for final resolution.

Regional Variances

West Virginia protective order rules at a glance

Order name

Domestic Violence Protective Order (DVPO), issued by the family court under the state Domestic Violence Act (W. Va. Code 48-27-1 and following). A magistrate first issues an Emergency Protective Order (EPO) for immediate protection.

Where to file

The magistrate court, in the county where you live, where the abuser lives, or where the abuse happened. The case then moves to the family court for the final hearing. There is no fee to file, serve, or copy the papers (W. Va. Code 48-27-308).

Emergency and temporary orders

A magistrate can enter an Emergency Protective Order the same day, without the other person present, on clear and convincing evidence of immediate danger. It stays in effect until the family court hearing, scheduled within 10 days (W. Va. Code 48-27-403).

Final order duration

A final DVPO lasts 90 or 180 days in the court's discretion, or up to one year when aggravating factors are present, and the court can extend it, including for renewal periods (W. Va. Code 48-27-505).

Main form

The verified Domestic Violence Petition (Petition for Temporary Emergency Protective Order), available free at any magistrate clerk's office and on the West Virginia Judiciary website (courtswv.gov).

Suggested Compliance Checklist

Complete the verified Domestic Violence Petition

As soon as possible after the abuse days after starting

Fill out the Domestic Violence Petition describing the abuse, your relationship, and specific dates. Use the free form at the magistrate clerk's office or the West Virginia Judiciary website, and ask a domestic violence advocate for help. Attorney review of your petition is available through DocDraft.

File the petition with the magistrate court

Same day you finish the petition days after starting

File the verified petition with the magistrate court clerk in the county where you live, where the abuser lives, or where the abuse happened. There is no fee to file, serve, or copy the papers (W. Va. Code 48-27-308). Ask the clerk when a magistrate will review it.

Get and carry the Emergency Protective Order

Same day the magistrate signs it days after starting

If the magistrate grants an Emergency Protective Order (W. Va. Code 48-27-403), get the signed order and keep a copy with you. It stays in effect until the family court hearing. Note your hearing date, which is set within 10 days.

Confirm service on the abuser

Before the family court hearing days after starting

Law enforcement serves the abuser with your petition and the emergency order at no charge (W. Va. Code 48-27-308). Confirm with the court that service was completed, because the respondent must have notice for the court to enter a final order.

Attend the family court hearing with your evidence

Within 10 days of the emergency order days after starting

Go to the final hearing and bring photos, messages, and any witnesses. Both sides can testify. If you prove the abuse by a preponderance of the evidence, the family court issues a final DVPO (W. Va. Code 48-27-501). If you miss the hearing, your protection can lapse.

Track the expiration and renew if needed

Before the order expires (90 days to 1 year out) days after starting

A final DVPO lasts 90 or 180 days, or up to one year with aggravating factors (W. Va. Code 48-27-505). Calendar the expiration date and send a written renewal request before it ends. The court can extend the order for further protection.

Frequently Asked Questions

No fee is charged to start a domestic violence case in West Virginia. W. Va. Code 48-27-308 says no fees are charged for filing petitions or papers, serving petitions or orders, copies of orders, or other costs for services under the article until the matter is brought before the court for final resolution.

When you file a verified petition, a magistrate can enter an Emergency Protective Order without the abuser present if there is clear and convincing evidence of immediate danger of abuse (W. Va. Code 48-27-403). The emergency order stays in effect until the family court holds the final hearing, scheduled within 10 days.

You can file if the abuser is a family or household member. That includes a spouse or former spouse, a current or former dating or cohabiting partner, someone you share a child with, a relative by blood or marriage, or a person you live with. An adult may also file on behalf of a minor child.

You start with the Domestic Violence Petition, the verified form used to request a temporary emergency protective order. It is available free at every magistrate clerk's office and on the West Virginia Judiciary website. Court staff and a domestic violence advocate can help you fill it out at no charge.

At the final hearing, both you and the abuser can attend, present evidence, and testify. If the family court finds you proved the abuse by a preponderance of the evidence, it issues a final Domestic Violence Protective Order and sets its terms (W. Va. Code 48-27-501). The hearing is held within 10 days.

Yes. A final Domestic Violence Protective Order lasts 90 or 180 days, or up to one year when aggravating factors are present (W. Va. Code 48-27-505). If you send a written renewal request before it expires, the family court extends the order for another 90 days, and it can extend protection further.

Violating a protective order is a crime in West Virginia. Call the police, who can arrest the person for the violation, and the court can also hold them in contempt. Keep a copy of your order with you and report every violation. Active orders are entered in a statewide registry for enforcement.

No. West Virginia magistrate and family courts are set up for people to seek protective orders on their own, with free forms and court staff to help. Domestic violence advocates can also assist at no cost. A lawyer can help if the case is contested or the other side has one.

Other West Virginia guides

Asset Protection Planning in West Virginia (2026)

Dealing With Debt Collectors in West Virginia (2026)

Expunging a Criminal Record in West Virginia (2026)

Filing a Workplace Harassment Complaint in West Virginia

Filing Chapter 7 Bankruptcy in West Virginia (2026)

Firing an Employee in West Virginia (2026)

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