Restraining Orders

You should ask the magistrate or the magistrate clerk what to do to serve the abuser with the the temporary order, the petition, and the paperwork that tells him/her about the hearing. It is the duty of law enforcement to serve the abuser, and the magistrate or clerk can tell you how to contact local law enforcement to do the service. The law says that all law enforcement officers can serve the papers any day of the week, including Sundays and legal holidays. The officer has to attempt service within 72 hours of when they receive the order. They must try to find the respondent at every address that you provide to them. If service is not made, the law enforcement officer has to continue to attempt to serve the respondent until s/he is properly served.¹

West Virginia law allows for the protective order to be “served” on the abuser through a legal advertisement published notice, with the publication area being the most current known county where the abuser lives if personal service by law enforcement has been unsuccessful. At the same time, the protective order and the order of publication will be mailed to the abuser’s most current known residential address.² Please consult with court staff for information and instructions on this type of service if it applies to your situation.

If you also have an emergency order requiring the abuser to leave your home, the sheriff will also make sure that happens.

If the abuser has not been served in time for your hearing, the hearing may be “continued,” or rescheduled, until a later date.

¹ W. Va. Code § 48-27-701
² W. Va. Code § 48-27-311

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?