Restraining Orders

You are not required to register your Canadian order in West Virginia for it to be enforced, as is true for any out-of-state protective order. One advantage of registering an order, however, is that a registered order can then be entered into state and federal registries.¹ This might be something that is important for a Canadian order because it might look less familiar to local police who may have only seen United States orders in the past. If law enforcement in West Virginia cannot tell whether your order is valid, it could take longer to get it enforced.

If you want to register your order, you need to get a certified copy to give to the West Virginia Supreme Court of Appeals along with an affidavit stating that, to the best of your knowledge, the order is currently in effect.² The Court of Appeals will then register the order and give you a copy of the proof of registration.³ You cannot be charged a fee to register a Canadian domestic violence protective order in West Virginia.⁴ 

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in West Virginia. To see a list of local domestic violence organizations in West Virginia, go to our WV Advocates and Shelters page.

¹ W. Va. Code § 48-28B-5(e)
² W. Va. Code § 48-28B-5(a), (b)
³ W. Va. Code §§ 48-28B-5(c); 48-27-802
⁴ W. Va. Code § 48-28B-5(f)