After a judge grants a workplace violence restraining order

If you've had your day in court and the judge granted a long-term restraining order, you may have a couple more steps to take. 

Complete the steps below as quickly as you can. Finishing these steps means getting the papers you or your employees will need to show the police, if the restraining order is violated. If you do not complete these steps, you may have problems enforcing the restraining order.

 

Before you start

If you already have a Restraining Order After Hearing (form WV-130) signed by a judge:

  • Look at form WV-130, item 16, to see if the judge ordered you to have the restrained person served. 

  • Click for step-by-step instructions on how to serve.

  • If you don't need to serve form WV-130, learn how to enforce your order

    • You do not need to follow the steps below.

If you do not have the Restraining Order After Hearing (form WV-130)  signed by a judge, follow the steps below. 

  • Fill out a form

    To complete the form:

    • The court should give you notes (called the minute order) to help you complete the form.
    • The minute order should tell you exactly which orders the judge granted.
    • Check each order the judge granted.
    • 💬 Ask your self-help center for help if you're not sure.
  • Turn in your form to the court clerk

    • Give form WV-130 to the court clerk.
    • The clerk will then give it to the judge to review and sign.  
      • Ask the court clerk when your form will be ready to pick up.
      • 💵 There is no fee for turning in this form.
    Is there another way to turn in my form?
    Some courts have a drop box that you can use. If you use a drop box:
    • include the original and 2 copies to the clerk.
    • You will have to go to the courthouse to pick up your copies.
    • Papers in the drop box may not be processed right away.

    If you can, take your papers to the court clerk to file to avoid delays.
    Some courts allow online filing, also called e-filing. You can find out if your court has online filing by visiting your court's website

  • Pick up your form from the court clerk

    • Make sure to pick up form WV-130 from the court clerk as soon as possible. This form is the restraining order.
    • You will likely need several copies. You can ask the court clerk for copies, if you need them. If you don't have a fee waiver, there may be a fee for extra copies.

    ⚠️ Keep a copy of the WV-130 at the workplace at all times and give a copy to each employee protected by the restraining order. Give a copy to anyone else that you want to know about the restraining order, like people in charge at your other worksites.

What's next?

You may be required to serve (give) a copy of the restraining order to the restrained person.

Look at item 16 on form WV-130 to see if the judge has ordered you to serve the restrained person. If so, get step-by-step instructions on how to serve your restraining order.

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