Restraining Orders

If you were denied an emergency protection order, you can file a petition for appeal in the family court within five days of the denial of the order.¹ If you were denied a final protection order, you have the right to appeal your case to the circuit court. The appeal must be filed at the circuit court clerk’s office within ten days from the judge’s denial of the order. A Circuit Court hearing on the appeal will be held within ten days of the date the appeal is filed. If either side is not happy with the Circuit Court decision, that party can appeal to the Supreme Court of Appeals of West Virginia. The Supreme Court’s decision is final. Appeal forms are available at the circuit court clerk’s office.² Since appeals are complicated, it may be best to have an attorney help you with the appeal. To find an attorney, go to our WV Finding a Lawyer page. You can read more about appeals on our Preparing for Court - By Yourself page in the File an Appeal section.

In addition, you may also be able to reapply for an order of protection if a new incident of domestic abuse occurs after you are denied the order. You may also consider reporting the abuser to the police if you believe that a crime was committed.

Whether or not you get a protective order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers on our WV Advocates and Shelters page for help. You will also find information on safety planning on our Safety Tips page.

¹ W. Va. Code § 48-27-510(a)
² W. Va. Code § 48-27-510(b); See West Virginia Courts’ Domestic Violence Protective Orders brochure