The People’s Lawyer

Requesting a family protective order

On Behalf of | Jun 16, 2023 | Family Protection Orders

If a person has been a victim of domestic violence, abuse, harassment or other forms of harm, they may need a family protective order. A family protective order is a document issued by the court that can help prevent contact between the victim and the alleged abuser. It can provide the victim with a feeling of security and peace of mind.

Common reasons for an order

The most common reason a person may seek a family protective order is to protect themselves, their children, or other family members from physical harm or domestic violence. However, they are not limited to cases of physical abuse.

Emotional and psychological abuse can also harm the victim. Threats, intimidation, stalking, harassment and other forms of emotional abuse can also create a need for a family protective order.

Process

To obtain a family protective order in West Virginia, there are several steps to follow. It’s helpful to collect any evidence of abuse or harassment, like photos, texts, medical records or witness statements.

The victim can file a petition for a family protective order and should include details about the incident, the date it occurred and their reasons for requesting the order.

The court will schedule a hearing. The victim will have an opportunity to present their case and provide supporting evidence. If the court finds that there is sufficient evidence, it can grant a temporary or permanent order.

The order will list the terms and conditions of the protection, including how long it will be in place. There is help available for victims who need support.