 Click Here to Find a Lawyer or Attorney
You do not need a
lawyer or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.
Protection
Order- West Virginia
PROTECTION ORDERS
A protection order is a
civil order which can:
- order an abuser
not to hurt or harass you.
- give you temporary
custody of your children.
- give you temporary
possession of your home.
- and order child or
spousal support.
You can get a protection
order against anyone with whom you are related, against anyone with whom
you live or have lived. Also, you can get an order against any one with
whom you are intimately involved or have been intimately involved.
HOW TO GET A
PROTECTION ORDER
Go to the magistrate
court and ask for a Domestic Violence Petition. You must initial the
statements on the form which are true. Also you must describe in writing
on the form what violence the abuser threatened to do or did. Also you
must initial what you would like the court to do in the order.
If the magistrate grants
an emergency protection order a hearing will be set within 10 days. The
hearing for the final order of protection will be in Family Court in
front of the Family Law Judge. At the hearing the Family Law Judge after
hearing testimony may give you a final protection order which will be
valid for 90 days or 180 days.
If you file for divorce
before your protection orders expires a form can be filled out which
will extend the order. You must file this form in the magistrate's
office.
VIOLATIONS
If your abuser breaks
the protection order:
The police can file charges
of domestic assault and domestic battery against your abuser.
---Domestic Assault is threatened or attempted physical abuse.
---Domestic Battery is actual physical contact.
PLANNING FOR
SAFETY
How to plan for safety
in case of further violence.
You do not have control
over your partner's violence. However, you do have a choice about how to
respond to him/her and how to best get yourself and your children to
safety.
Plan to leave
immediately if you feel in danger. Practice how to get out safely. What
doors, windows, stairwells, or fire escapes would you use?
Decide which room is the
safest room in the house or apartment.
Tell a neighbor about
the violence and request they call the police if they hear suspicious
noises coming from your home. Don't keep what's happening to you a
secret.
BE PREPARED
Keep the following items
in a safe but easy to reach place:
- Local Police
Department phone number
and the emergency number of your local domestic violence program.
- Car Keys
(or have an emergency transportation plan worked out in advance)
- Clothing in case
you have to leave quickly
- Copies of birth
certificates, medical, and social security cards, identification,
and any other important papers for you and your children
- Small bag with
essentials, medication, change for telephone calls, address book,
tooth brush, etc.
- Don't tell your
abuser about your plan to leave
Personalized safety plan for the abused
A print ready page that lists steps and items to prepare in case a
speedy escape is required.
For 24 hour
confidential assistance contact a
domestic violence program in you area.
For more information on
public policy, research or education call the
West Virginia Coalition Against Domestic Violence at (304) 765-2250
Domestic Violence
Hotline:
The information on
this website is for informational
purposes only and does not
constitute legal advice.
For more
information
about
protection orders for the state of
West
Virginia, check
out
http://www.womenslaw.org/WV/WV_how_to.htm
for more information. The
information above was gathered from
http://www.familyrefugecenter.com/prtcordr.html
.
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Click Here to Find a Lawyer or Attorney
You do not need a lawyer to file for a
Protection Order in the state of West Virginia. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.
Lawyers
from the state of West Virginia.
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