In 2024, West Virginia magistrate courts issued 9,769 Emergency Protective Orders and processed 4,670 Personal Safety Petitions. That is tens of thousands of West Virginians navigating one of the most stressful moments of their lives — often without a lawyer. This guide explains what a protective order is, which type you need, and exactly how to get one.
⚠ Important: This guide is for general information only and is not legal advice. If you are in immediate danger, call 911.
What Is a Protective Order?
A protective order is a court order requiring another person to stay away from you, your children, your home, or your workplace. Violating a protective order is a crime in West Virginia — the other person can be arrested on the spot if they break it.
EPO vs. TEPO: What Is the Difference?
| Type | Who Issues It | When Available | How Long It Lasts |
|---|---|---|---|
| EPO — Emergency Protective Order | Magistrate | 24/7, including nights and weekends | Until a full court hearing (usually within a few days) |
| TEPO — Temporary Emergency Protective Order | Family Court Judge | During court hours, or ex parte (without the other person present) | Up to 10 days, until a full hearing is scheduled |
ℹ Key Point: If it is after hours or on a weekend and you are in immediate danger, call 911. Law enforcement can contact an on-call magistrate to issue an EPO right away. You do not have to wait until morning.
Step-by-Step: How to File
Step 1 — Go to Your Magistrate Court or Family Court
Every county in West Virginia has a magistrate court. You can find yours at courtswv.gov. Bring any evidence you have: photos, text messages, medical records, or a written account of what happened.
Step 2 — Ask for the Protective Order Petition Forms
The clerk will give you the forms. They cannot give you legal advice, but they can explain how to fill out the paperwork. Be specific and honest — write dates, locations, and exactly what happened in your own words.
Step 3 — A Judge or Magistrate Reviews Your Request
For an emergency order, you do not need the other person to be there. The magistrate or judge reviews what you have written and decides whether to grant the order immediately.
Step 4 — A Full Hearing Is Scheduled
Both parties are notified of a hearing date — usually within 10 days. This is when you can present more evidence, bring witnesses, and tell your full story. The judge then decides whether to issue a final protective order.
What Can a Protective Order Do?
- Require the person to stay away from your home — even if they live there
- Prohibit all contact: phone, text, email, and social media
- Grant you temporary custody of your children
- Require the person to surrender firearms
- Order temporary financial support
What Happens If the Order Is Violated?
Violating a protective order is a criminal offense in West Virginia. Call 911 immediately. Keep a copy of your order with you at all times and leave a copy with your employer, your children’s school, and a trusted friend.
Related Posts
- Divorce, Custody & Child Support: What West Virginia Family Court Can Do For You (Apr 14)
- Your Rights When CPS Shows Up: A Guide for West Virginia Parents (Apr 16)
- Lauren’s Law Explained: WV’s New Drug Penalty Law (Apr 17)
Need Legal Help?
WV Family Refuge Crisis Line: 1-800-987-3348 (24/7)
WV Legal Aid: lawv.net | 1-866-255-4370
This post is for general information only and is not legal advice.