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DOMESTIC VIOLENCE

 

 What Is A Protective Order?


A domestic violence protection order is a civil order that can:


You can get a protection order against:

 

How Do I Get A Protective Order?

 

  1. Go to magistrate court and tell the clerk that you want to file a petition for a domestic violence protection order.
  2. Explain your need for protection to the clerk and ask for help in completing the forms required. You do not need a witness, an attorney or a police report to file. Filing for a protective order is free.
  3. You will need to A) put your initials in front of all statements that are true; B) describe the violence your abuser threatened to do or did; C) initial what actions you want the court to take.
  4. After completing the forms, you will have a hearing with a judge that day. Try to explain the exact time, date and extent of your injuries and/or why you fear the abuser. If a temporary order is granted,  you will receive a copy of the court order and the abuser will be served with an order to appear in court within five days.
  5. At the second hearing, the judge will listen to and question both you and the abuser. Be prepared to tell the judge when, where, and with what, you were beaten, or threatened and/or why you are afraid of the abuser. If you have any witnesses take them to court with you. The judge will then decide whether to issue a final protection order that will last either 90 or 180 days.
  6. Keep a certified copy of the protection order with you at all times. A valid protection order is effective in every county in West Virginia and every state in the United States.

For further information, help in filling out the forms, or someone to go with you to magistrate court call the domestic violence program nearest you.

 

3 Other Things To Know:

 

 

 

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