(a) When allegations of abuse have been proved, the court shall enjoin the offending party from molesting or interfering with the other, or otherwise imposing any restraint on the personal liberty of the other or interfering with the custodial or visitation rights of the other. The order may permanently enjoin the offending party from entering the school, business or place of employment of the other for the purpose of molesting or harassing the other or from entering or being present in the immediate environs of the residence of the petitioner or from contacting the other, in person or by telephone, for the purpose of harassment or threats; or from harassing or verbally abusing the other. The relief afforded by the provisions of this subsection may be ordered whether or not there are grounds for relief under subsection (c) of this section and whether or not an order is entered pursuant to such subsection.
(b) Any order entered by the court to protect a party from abuse may grant any other relief authorized to be awarded by the provisions of article twenty-seven of this chapter, if the party seeking the relief has established the grounds for that relief as required by the provisions of said article. The relief afforded by the provisions of this subsection may be ordered whether or not there are grounds for relief under subsection (c) of this section and whether or not an order is entered pursuant to subsection (c) of this section.
(c) The court, in its discretion, may enter a protective order, as provided by the provisions of article twenty-seven of this chapter, as part of the final relief in a divorce action, either as a part of a order for final relief or in a separate written order. A protective order entered pursuant to the provisions of this subsection shall remain in effect for the period of time ordered by the court not to exceed one hundred eighty days: Provided, That the court may extend the protective order for whatever period the court deems necessary to protect the safety of the petitioner and others threatened or at risk, if the court determines:
(A) That a violation of a protective order entered during or extended by the divorce action has occurred; or
(B) Upon a motion for modification, that a violation of a provision of a final order entered pursuant to this section has occurred.
Structure West Virginia Code
Chapter 48. Domestic Relations
§48-5-102. Subject Matter Jurisdiction
§48-5-103. Jurisdiction of Parties; Service of Process
§48-5-104. Retention of Jurisdiction When Divorce Is Denied
§48-5-105. Residency Requirements for Maintaining an Action for Divorce
§48-5-106. Venue of Actions for Divorce
§48-5-107. Parties to a Divorce Action
§48-5-201. Grounds for Divorce; Irreconcilable Differences
§48-5-202. Grounds for Divorce; Voluntary Separation
§48-5-203. Grounds for Divorce; Cruel or Inhuman Treatment
§48-5-204. Grounds for Divorce; Adultery
§48-5-205. Grounds for Divorce; Conviction of Crime
§48-5-206. Grounds for Divorce; Permanent and Incurable Insanity
§48-5-207. Grounds for Divorce; Habitual Drunkenness or Drug Addiction
§48-5-208. Grounds for Divorce; Desertion
§48-5-209. Grounds for Divorce; Abuse or Neglect of a Child
§48-5-301. When a Divorce Not to Be Granted
§48-5-401. Verification of Pleadings
§48-5-402. Petition for Divorce
§48-5-405. Amendments to Pleadings
§48-5-501. Relief That May Be Included in Temporary Order of Divorce
§48-5-502. Temporary Spousal Support
§48-5-503. Temporary Parenting Order; Child Support
§48-5-504. Attorney's Fees and Court Costs
§48-5-505. Costs of Health Care and Hospitalization
§48-5-506. Use and Occupancy of the Marital Home
§48-5-507. Use and Possession of Motor Vehicles
§48-5-508. Preservation of the Properties of the Parties
§48-5-509. Enjoining Abuse, Emergency Protective Order
§48-5-510. Consideration of Financial Factors in Ordering Temporary Relief
§48-5-511. Disclosure of Assets
§48-5-512. Ex Parte Orders Granting Temporary Relief
§48-5-513. Granting of Ex Parte Relief
§48-5-514. Temporary Order Not Subject to Appeal or Review
§48-5-601. Relief That May Be Included in Final Order of Divorce
§48-5-602. Court May Require Payment of Spousal Support
§48-5-603. Relief Regarding Minor Child or Children
§48-5-604. Use and Occupancy of Marital Home
§48-5-605. Use and Possession of Motor Vehicles
§48-5-606. Relief Regarding Costs of Health Care and Hospitalization
§48-5-607. Court May Order Transfer of Accounts for Recurring Expenses
§48-5-608. Injunctive Relief or Protective Orders
§48-5-609. Court May Restore to Either Party His or Her Property
§48-5-610. Court May Order Just and Equitable Distribution of Property
§48-5-611. Suit Money, Counsel Fees and Costs
§48-5-612. Court May Order a Party to Deliver Separate Property
§48-5-613. Former Name of Party; Restoration
§48-5-701. Revision of Order Concerning Spousal Support
§48-5-702. Revision of Order Enjoining Abuse
§48-5-703. Revision of Order Allocating Custodial Responsibility and Decision-Making Responsibility
§48-5-704. Revision of Order Establishing Child Support
§48-5-706. Revision of Order Concerning Distribution of Marital Property
§48-5-707. Reduction or Termination of Spousal Support Because of De Facto Marriage