If you are in immediate danger, call 911. If you need immediate shelter, please seek help from a local shelter or crisis center.

Protective Orders are issued by courts in West Virginia. To apply for a protective order, visit the Circuit Court or Magistrate Court in the county where you live or where the assault occurred. You do not need an attorney to apply for a protective order.

When you visit the court, you will be given a petition form to fill out. The petition will ask for basic information about you, the perpetrator, and the details of the sexual assault, including:

• Your name, address, and contact information.

• The abuser’s name and any details that can help identify them.

• A description of the abuse or assault, including dates and locations.

• Any relevant documents, such as police reports or medical records (if available).

• Any fears or threats you have received from the abuser.

If the court finds that you are at risk of harm, they may issue a Temporary Protective Order immediately. This order typically lasts for 10-14 days until a full hearing can be scheduled. The temporary order will prohibit the abuser from contacting you, coming near you, or engaging in any form of harassment.

After your temporary protective order is granted, the court will schedule a hearing for a permanent protective order, which can last for up to 1 year (and can be extended if necessary). At this hearing:

• You will present your case, including the details of the assault and any evidence (such as witness statements or medical reports).

• The abuser will have an opportunity to respond (though they may not appear).

• The judge will decide whether to issue a final protective order.

After the protective order is granted, the court will arrange for the abuser to be officially notified of the order (known as “service”). The abuser must be informed about the protective order before it takes effect.

Once the protective order is issued, it will be signed by a judge. It is important to carry a copy of the order with you at all times. Keep extra copies of the order with you, and give a copy to your workplace, school, or any other place you frequent for added safety.

If the abuser violates the protective order by contacting you, coming near you, or engaging in any prohibited behavior, you should contact law enforcement immediately. Violating a protective order is a criminal offense, and the abuser can be arrested and charged.