Leaving an abusive relationship or household safely requires planning. When immediate danger of domestic abuse exists, an emergency protective order (EPO) can help keep you safe.
An abusive partner or guardian may gaslight you. They may monitor your activities and withhold resources. They may even threaten violence to keep you under their control.
In various circumstances, individuals can file different types of protective orders. Courts often grant emergency or criminal protective orders in domestic disputes.
A court can issue an EPO at the request of a responding law enforcement officer. But what do West Virginia courts look for when issuing an EPO?
When do courts issue an EPO?
An EPO is typically issued after establishing two factors:
- Immediate and present danger of domestic violence based on alleged recent abuse or threat of abuse
- Qualifying relationship between the protected person and the abuser
Depending on the circumstances, the court can also issue the order without a full hearing.
What counts as domestic violence in West Virginia?
West Virginia law defines domestic violence or abuse as:
- Attempting to cause or intentionally, knowingly or recklessly causing physical harm to another with or without dangerous or deadly weapons
- Placing another in reasonable jeopardy of physical harm
- Creating fear of physical harm by harassment, stalking, psychological abuse or threatening acts
- Committing either sexual assault or sexual abuse
- Holding, confining, detaining or abducting another person against their will
The law emphasizes that domestic violence crimes aren’t limited to assault and battery.
Who does West Virginia consider family or household members?
West Virginia has a broad definition of family or household members which includes:
- Current and former romantic, sexual or intimate partners
- Current and former spouses
- People who have a child in common
- People who live or used to live together
- People related by blood, marriage or adoption
If your relationship with the abuser falls under any of these criteria, an EPO may be applicable.
An EPO typically only lasts for a week or less. But you can ask to extend it for the duration of the criminal case at the abuser’s arraignment.
Learn more about your options by looking into other family protective orders. You can also plan safely with the help of domestic violence service providers, such as the West Virginia Coalition Against Domestic Violence.
