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How long does a temporary protection order last?

On Behalf of | Sep 10, 2024 | Family Protection Orders

Domestic abuse can be terrifying. While it is courageous to leave an abusive partner, the divorce proceeding may take time. The fear, uncertainty and urgent need for safety can be overwhelming. A temporary protection order (TPO) can be a crucial lifeline, especially during the divorce process. But how long does this shield last?

The initial 10-day window

When you file for a TPO, the court can grant it immediately. This initial order typically lasts for 10 days, providing immediate protection while you prepare for your next step.

Extending your protection: The 90-day mark

After a full hearing, if the court finds sufficient evidence of abuse, they can extend the TPO for up to 90 days. This three-month period offers more stable protection during critical divorce proceedings.

Beyond 90 days: When you need more time

In some cases, 90 days is not enough. West Virginia courts understand this and may grant extensions beyond the initial 90-day period if circumstances warrant it.

Aligning protection with your divorce timeline

Remember, you can extend your TPO by submitting a written request to the court before the original order expires. The order can be modified to align with the divorce timeline, ensuring your safety throughout the process.

Navigating the complexities

While these timeframes provide a general guide, every case is unique. Factors like ongoing threats, child custody issues or complex divorce proceedings can affect the duration of your TPO.

A TPO can help secure your safety, protect your children and prevent your abuser from contacting you or coming near your home or workplace. Given its intricate nature, consulting with a family law attorney would be beneficial. They can help ensure your protection lasts as long as you need it, guiding you through each step of this challenging journey.

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