Domestic Violence Protection Order - West Virginia

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

West Virginia requires the use of official court form MDVTPET (Domestic Violence
Petition for Temporary Emergency Protective Order) for domestic violence protective order
petitions. This template provides the substantive legal content to help you prepare — but
you must transfer your content to the official form before filing. The official form is
available at https://www.courtswv.gov/public-resources/court-forms/domestic-violence-forms.
Do not file this document directly with the court.

**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] (90 or 180 days, or one year on written findings of aggravating factors — W. Va. Code § 48-27-505)

TABLE OF CONTENTS

1. Findings of Fact and Jurisdiction
2. Definitions
3. Injunctive Relief Granted
4. Ancillary Relief
5. Law-Enforcement Directives
6. Service and Notice Requirements
7. Duration, Modification, and Termination
8. Violation, Contempt, and Penalties
9. Governing Law and Venue
10. General Provisions
11. Execution and Certification

1. FINDINGS OF FACT AND JURISDICTION

1.1 The Court has jurisdiction under W. Va. Code § 48-27-301 (circuit, family, and magistrate courts share concurrent jurisdiction over domestic violence proceedings). Venue is proper in this county pursuant to W. Va. Code § 48-27-302 (county where the domestic violence occurred, where the respondent lives, or where the petitioner lives).

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 & Ammunition – Respondent is PROHIBITED from possessing any firearm or ammunition while this Order remains in effect, as mandated by W. Va. Code § 48-27-502(b). Pursuant to W. Va. Code § 48-27-502(c), Respondent is advised that possessing a firearm or ammunition while subject to this Order is a criminal offense under both state and federal law, notwithstanding any right Respondent might otherwise have to possess a firearm. Federal law, 18 U.S.C. § 922(g)(8), independently prohibits Respondent — where this Order was issued after notice and hearing and either finds a credible threat to physical safety or by its terms bars the use of physical force — from possessing any firearm or ammunition.

Respondent shall not purchase, receive, or attempt to purchase or receive any firearm or ammunition during the term of this Order.

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 (W. Va. Code § 48-27-503(3), (4))
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(5) and (6).

4.3 Counseling / Batterer Intervention – Respondent is ordered to enroll in and complete a certified program of intervention for perpetrators within 30 days and provide proof of enrollment to the Clerk (W. Va. Code § 48-27-503(8)).

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] (W. Va. Code § 48-27-503(10)).

5. LAW-ENFORCEMENT DIRECTIVES

5.1 Upon entry, a copy of this Order shall be immediately transmitted electronically by the court or clerk to the West Virginia domestic violence database, and, no later than the close of the next business day, to the municipal police, county sheriff, and West Virginia State Police for service, pursuant to W. Va. Code § 48-27-601. The Order shall also be transmitted for registration with the appropriate state and federal registries, including the National Crime Information Center (NCIC).

5.2 Any Law-Enforcement Agency shall enforce this Order statewide and, pursuant to 18 U.S.C. § 2265, nationwide. Pursuant to W. Va. Code § 48-27-1001(a), a law-enforcement officer who observes Respondent violate the terms of this Order shall immediately arrest Respondent.

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 is effective for either 90 days or 180 days, in the discretion of the Court (W. Va. Code § 48-27-505(a)). The Court may enter this Order for a period of one year if it finds, by a preponderance of the evidence after hearing, one or more of the aggravating factors listed in W. Va. Code § 48-27-505(b) (e.g., material violation of a prior protective order; two or more protective orders entered against Respondent within the previous five years; a prior conviction for domestic battery/assault or a felony crime of violence against a family or household member).

7.2 Upon a written request from Petitioner submitted before the original order expires, the Court shall extend a 90-day order for an additional 90-day period (W. Va. Code § 48-27-505(a), (d)). The Court may extend a one-year order entered under subsection (b) for whatever period it considers necessary upon a finding, after notice and hearing, of a material violation (W. Va. Code § 48-27-505(c)).

7.3 The Court may modify the terms of this Order at any time upon subsequent petition filed by any party (W. Va. Code § 48-27-501(b); § 48-27-505(f)).

8. VIOLATION, CONTEMPT, AND PENALTIES

8.1 A person who knowingly and willfully violates this Order is guilty of a misdemeanor under W. Va. Code § 48-27-903(a). A first offense is punishable by confinement in jail for not less than one day nor more than one year (including actual confinement of not less than 24 hours) and a fine of not less than $250 nor more than $2,000. A second offense is enhanced under § 48-27-903(b) (not less than three months nor more than one year, with not less than 30 days' actual confinement, and a fine of $500–$3,000); a third or subsequent offense within ten years is enhanced under § 48-27-903(c) (not less than six months' actual confinement and a fine of $500–$4,000).

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