**STATE OF WEST VIRGINIA
[__] FAMILY COURT**
DOMESTIC VIOLENCE PROTECTIVE ORDER
(W. Va. Code §§ 48-27-101 et seq.)
[COURT FILE NO. _____]
[JUDGE: ________]
Petitioner/Protected Party:
[NAME] — DOB [MM/DD/YYYY]
Address: [CONFIDENTIAL / STREET, CITY, WV ZIP]
Respondent/Restrained Party:
[NAME] — DOB [MM/DD/YYYY]
Address: [STREET, CITY, WV ZIP]
Effective Date: [MM/DD/YYYY]
Expiration Date: [MM/DD/YYYY] (not to exceed two years absent written findings)
[// GUIDANCE: Use this template for both Temporary Emergency Protective Orders (TEPO) and Final Protective Orders (FPO). Delete or revise sections as required by the presiding judge. All bracketed items must be completed or removed before filing.]
TABLE OF CONTENTS
- Findings of Fact and Jurisdiction
- Definitions
- Injunctive Relief Granted
- Ancillary Relief
- Law-Enforcement Directives
- Service and Notice Requirements
- Duration, Modification, and Termination
- Violation, Contempt, and Penalties
- Governing Law and Venue
- General Provisions
- Execution and Certification
1. FINDINGS OF FACT AND JURISDICTION
1.1 The Court has subject-matter jurisdiction under W. Va. Code §§ 48-27-301 and personal jurisdiction over Respondent pursuant to W. Va. Code § 48-27-302.
1.2 Petitioner and Respondent are [spouses / former spouses / persons cohabiting / persons formerly cohabiting / persons related by blood or marriage / persons who have a child in common / persons in a dating relationship] as defined in W. Va. Code § 48-27-204.
1.3 At the hearing held on [MM/DD/YYYY], the Court found by a preponderance of the evidence that Respondent committed domestic violence and/or abuse as defined in W. Va. Code § 48-27-202, specifically:
• [Describe incident(s) and date(s)].
1.4 Immediate and irreparable harm to Petitioner would result without issuance of this Order.
2. DEFINITIONS
For purposes of this Order:
2.1 “Protected Parties” means Petitioner and the following minor child(ren) or other household member(s): [NAME(S), DOB(S)].
2.2 “Prohibited Conduct” means any act listed in Section 3 of this Order.
2.3 “Residence” means the dwelling located at [ADDRESS] and any temporary residence at which Protected Parties are present.
2.4 “Law-Enforcement Agency” means any WV state, county, or municipal police agency with jurisdiction to enforce this Order.
3. INJUNCTIVE RELIEF GRANTED
Respondent SHALL:
3.1 No Contact – Refrain from contacting, harassing, stalking, following, or communicating — directly or indirectly — with any Protected Party, including through third parties, social media, electronic devices, or telephonic means.
3.2 Stay-Away – Remain at least [100 / 300 / OTHER] yards from each Protected Party, their Residence, place of employment, school, childcare facility, and any other location identified herein: [LIST].
3.3 Vacate Residence – Immediately vacate the Residence and surrender all keys, garage openers, and security codes to [LAW-ENFORCEMENT AGENCY] at the time of service.
3.4 Firearms & Dangerous Weapons – Surrender all firearms and dangerous weapons in Respondent’s possession to [LAW-ENFORCEMENT AGENCY / LICENSED FIREARMS DEALER] within 24 hours of service, and file proof of surrender with the Clerk within 48 hours, pursuant to W. Va. Code § 48-27-403(d). Respondent is prohibited from possessing, purchasing, or receiving firearms while this Order remains in effect.
3.5 Ex Parte & Final Orders – All relief in any prior Temporary Emergency Protective Order is incorporated herein unless expressly modified.
4. ANCILLARY RELIEF
4.1 Temporary Child Custody & Visitation
a. Temporary sole legal and physical custody of the minor child(ren) is awarded to Petitioner.
b. Visitation is [suspended / supervised as follows: _____] pending further order.
4.2 Temporary Support – Respondent shall pay temporary child and/or spousal support in the amount of $[____] per [week / month] commencing [MM/DD/YYYY], pursuant to W. Va. Code § 48-27-503.
4.3 Counseling / Batterer Intervention – Respondent is ordered to enroll in and complete a certified batterer intervention program within 30 days and provide proof of enrollment to the Clerk.
4.4 Personal Property Retrieval – Law enforcement shall accompany Respondent one time, for no longer than 30 minutes, to retrieve clothing and personal effects on [DATE/TIME] as arranged through the [Sheriff’s Office / Police Department].
[// GUIDANCE: Insert or delete ancillary relief per case specifics.]
5. LAW-ENFORCEMENT DIRECTIVES
5.1 This Order shall be promptly entered into the West Virginia Domestic Violence Registry and the National Crime Information Center (NCIC) pursuant to W. Va. Code § 48-27-701.
5.2 Any Law-Enforcement Agency shall enforce this Order statewide and, pursuant to 18 U.S.C. § 2265, nationwide. Probable-cause arrests are mandatory for violations in the officer’s presence or upon credible evidence.
6. SERVICE AND NOTICE REQUIREMENTS
6.1 The Clerk shall issue certified copies of this Order to Petitioner, Respondent, the appropriate Law-Enforcement Agency(ies), and any other entity listed herein.
6.2 Respondent shall be served personally by the Sheriff of [COUNTY] or other authorized process server no later than [MM/DD/YYYY].
6.3 Proof of service must be filed within 72 hours of completion.
7. DURATION, MODIFICATION, AND TERMINATION
7.1 This Order remains in effect until the Expiration Date stated above unless modified or vacated by the Court.
7.2 Either party may move to modify or dissolve this Order pursuant to W. Va. Code § 48-27-505; however, no motion shall be filed within 90 days of entry absent good cause shown.
7.3 The Court may extend this Order for additional periods not exceeding two years each, upon motion and notice, if the statutory criteria are met.
8. VIOLATION, CONTEMPT, AND PENALTIES
8.1 Violation of this Order constitutes a misdemeanor under W. Va. Code § 48-27-902 and may result in immediate arrest, incarceration up to 12 months, and/or fines up to $2,000.
8.2 Each separate violation constitutes a distinct offense.
8.3 The Court retains continuing jurisdiction to enforce this Order through civil and criminal contempt proceedings.
9. GOVERNING LAW AND VENUE
9.1 This Order is governed by the West Virginia Domestic Violence Act, W. Va. Code §§ 48-27-101 et seq., and applicable federal law.
9.2 Exclusive venue for enforcement or modification lies with this Family Court or any court of competent jurisdiction within the State of West Virginia.
10. GENERAL PROVISIONS
10.1 Severability – If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.
10.2 Superseding Effect – This Order supersedes any prior inconsistent court order, except for subsequent criminal bail conditions that may provide greater protection.
10.3 Copies and Electronic Signatures – Photocopies, facsimiles, and electronically transmitted copies of this signed Order shall be deemed original and enforceable.
11. EXECUTION AND CERTIFICATION
Ordered and Adjudged this [MM/DD/YYYY].
[NAME], Family Court Judge
[FAMILY COURT CIRCUIT], State of West Virginia
Date: [MM/DD/YYYY]
ATTEST:
[NAME], Clerk of Court
(SEAL)
RESPONDENT’S RECEIPT & ACKNOWLEDGMENT
I hereby acknowledge receipt of this Domestic Violence Protective Order and understand its terms.
Respondent Signature & Date
LAW-ENFORCEMENT RETURN OF SERVICE
• Date & Time Served: __
• Method: ____
• Officer Name/Badge No.: _
Signature of Serving Officer
[// GUIDANCE: Ensure all statutory notice language required by local rule (e.g., right to counsel, firearm prohibitions, federal travel restrictions) is appended if not embedded above. Attach additional pages as needed for findings or relief.]