West Virginia Stipulated Protective Order

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Control #:
US-TS11039
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This form is a Stipulated Protective Order usable in cases with claims regarding licensing, patents, or commercial trade secrets.

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FAQ

Law enforcement officers have access to temporary restraining orders after a temporary restraining order and a permanent restraining order hearing is held. A protective order is a matter of public record unless it has been classified for some reason, just like any other court order or document.

A personal safety order may include any or all of the following relief: order the respondent to refrain from committing or threatening to commit an act specified in subsection (a) of West Virginia Code 53-8-4 against the petitioner; order the respondent to refrain from contacting, attempting to contact or harassing the ...

-- A law-enforcement officer shall arrest with or without a warrant and take into custody an individual who the officer has probable cause to believe is in violation of a temporary or final personal safety order in effect at the time of the violation.

If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.

A Virginia protective orders can be vacated or modified at any time, either by the court that issued it or the court to which a person may have the ability to appeal.

Somebody who violates a protective order in Virginia is going to be found guilty of a Class 1 misdemeanor of protective order violation. That is the most serious type of misdemeanor in the state of Virginia, which carries up to 12 months in jail, up to a $2,500-fine, and it is a separate criminal offense.

In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).

You must fill out the PSO petition form. This is available at the county magistrate office, or you can get one online at the West Virginia Judiciary website here. File the petition for a PSO in magistrate court. A magistrate will decide whether or not to issue a ?temporary PSO.? W.

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West Virginia Stipulated Protective Order