Your marriage is not the safe and happy haven you once thought it was. You lived in fear of the violence and abuse until you finally decided to divorce your spouse. But when you present the papers, your spouse loses it. You have no choice now but to protect yourself during the divorce proceedings.
What is a protective order?
In West Virginia, a protective order is a court-issued order that protects someone from abuse, threats or harassment. Different kinds of protective orders exist depending on the situation and the victim’s needs. For people going through divorce because of domestic violence, West Virginia has three types of protective orders. They are:
- A temporary emergency protective order that the magistrate court issues against the abuser in the presence of an open and active divorce case
- A final protective order requires a full court hearing to obtain. It offers the same protection as the others but with a longer duration, lasting 90 days to one year.
- An emergency protective order takes effect immediately. Law enforcement can employ this if they encounter domestic violence between two people in the same house.
Abuse can take many forms: physical, mental or emotional. These orders are legally binding that the police can enforce to help keep victims safe from their abusers.
How can a protective order keep you safe?
The type of protective order you employ depends on the gravity of your situation and the emotional state you may be in. The most common ways a protective order can protect you are:
- Refusing all contact with the abuser, whether through phone calls, text messages, email or snail mail.
- Making the complainant feel safe when there is a need to talk and discuss the divorce
- Expecting the abuser to maintain a specific distance from the victim or the police can arrest them.
Anyone going through a divorce with the threat of domestic violence should always take steps to ensure their safety. Take the initiative to empower yourself through knowledge and dependable legal support during this challenging time.
