For one reason or another, there are times when couples no longer get along in West Virginia. Sometimes, this situation can cause things to escalate into allegations of domestic violence. One way that two parties attempt to avoid further encounters with each other is by filing a domestic violence restraining order.
Temporary restraining order
If someone goes through the court system to obtain a restraining order, it isn’t a document that goes into effect right away. This person will have to come back to court, typically within three weeks, to take part in an official hearing. If this individual felt they were in immediate danger, they could ask for and receive a temporary restraining order.
Restraining order after a hearing
After someone initially requests a restraining order, they’ll need to attend a hearing. At this hearing, a judge officially grants requests for restraining orders. Officially known as a restraining order after hearing, this order can last for up to five years. If the judge doesn’t apply a termination date to a restraining order, it lasts three years from its issue date.
Emergency protective order
In some cases, a person outside of a relationship can be the one to issue what’s known as an emergency protective order. This order is typically issued by a member of law enforcement after they respond to domestic violence. Emergency protective orders have an extremely short duration and only last either seven calendar days or five business days, whichever ends the soonest.
As you can see, there are various types of restraining orders. Each of these orders lasts a specified amount of time. An emergency protective order will be the shortest. On the other hand, a restraining order after a hearing can last multiple years.