Restraining Orders

You may be eligible for a financial exploitation protective order if you are a victim of financial exploitation and you are:

• an elderly person;
• a “protected person;” or
• an incapacitated adult.¹

An elderly person is someone who is 65 or older.²

An incapacitated person is an adult who cannot physically perform the daily activities needed to stay alive and healthy because of a physical or mental condition or other sickness.³

A protected person is an adult who a judge has found to be unable to take in and consider information effectively or respond to people, events, and environments due to a mental impairment. A protected person does not have the ability to:

• take care of his/her health, care, safety, daily living, and therapeutic needs without assistance; or
• manage his/her property or financial affairs, provide for his/her support, or provide for the support of legal dependents without assistance.⁴

Anyone who believes that an elderly person, protected person, or incapacitated adult is suffering financial exploitation due to the intentional misappropriation or misuse of funds or undue influence can file the paperwork for a protective order on behalf of the victim.⁵

¹ W. Va. Code § 55-7J-1(a)
² W. Va. Code § 55-7J-1(b)(2)
³ W. Va. Code § 61-2-29(a)(4)
⁴ W. Va. Code § 44A-1-4(13)
⁵ W. Va. Code § 55-7J-1(c)