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EspañolStep 4. Emergency order
If the magistrate finds that you need immediate protection, the magistrate will grant you an emergency order. An emergency order is also called an ex parte order. It will take effect right away and last for approximately ten (10) days, until the court hearing for the final order.
If the magistrate does not give you an emergency protective order, you can file an appeal of the denial to the family court judge. You have 5 days to file an appeal.1 Speak to the magistrate clerk for help getting the appeal form and to learn where to file your appeal.
You will have a full hearing in a few days, and an emergency order can help protect in the days before your hearing. To get an emergency order, the abuser does not have to be present. If you get an emergency order, be sure to keep a copy of it with you at all times.
1 W. Va. Code § 48-27-510(a)
