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Legal Information: West Virginia

Restraining Orders

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Laws current as of April 1, 2024

Can my Canadian order protect me in West Virginia if it was never served on the abuser?

If the law enforcement officer determines that your Canadian order is valid but that it has never been served, the officer is required to tell you that s/he will try to contact the abuser in a way that is consistent with your safety. The law enforcement is then required to do all of the following:

  • make a reasonable effort to tell the abuser that the order exists;
  • tell the abuser what the terms of the order are;
  • give a copy of the order or other written notification of what the order contains to the abuser; and
  • give the abuser a chance to change his/her behavior to follow (comply with) the order before enforcing it.1

1 W. Va. Code § 48-28B-3(d)

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