Restraining Orders

This section defines domestic violence for the purposes of getting a domestic violence protective order.

Domestic violence (or abuse) is when a family or household member commits any of the following acts against you:

• tries to physically harm you, with or without a weapon;
• physically harms you, on purpose (intentionally) or recklessly, with or without a weapon;
• makes you afraid that s/he will physically harm you, and your fear is reasonable;
• makes you afraid of physical harm by harassment, stalking, psychological abuse, or threatening acts;
• sexually assaults you or sexually abuses you;
• kidnaps you; or
• holds or detains you against your will.¹

Note: If you reported or witnessed an act of domestic violence and, as a result, have been abused, threatened, harassed or you have been the target of other actions intended to intimidate you, you can apply for a protective order.² See Who can get a protective order? for more information.

¹ W. Va. Code § 48-27-202
² W. Va. Code § 48-27-305(3)