Pick up court papers from the clerk

After you file your forms:

  • A judge will review your court papers to decide whether to give the employee(s) temporary protection, if you asked for it.
  • After the judge decides, you'll need to go back to the courthouse to pick up your court papers.

Understand the judge's orders

Once you pick up your forms, read the forms to see what the judge ordered.

  • 📅 You have a court date. Look at form WV-109 to see when and where your court date (court hearing)  is.
  • If the judge signed form WV-110, this means there is a temporary restraining order.
    • The orders granted on form WV-110 only last until the court date.
    • You must go to the court date if you want a long-term restraining order (up to 5 years).
    • Keep a copy of the signed WV-110 form at the workplace and give a copy to each protected employee to keep with them at all times.
    • Anyone with a phone can also use their phone to take a picture of all the pages so they always have proof of it. Having a copy of the restraining order will help if you or any employee needs to call the police to report a violation.

⚠️ If the judge did not grant you a temporary restraining order

  • The judge can still grant a restraining order at the court date.
  • If you still want a restraining order, follow all the steps in the process, including having the other side served.
  • If you no longer want a restraining order, you don't have to go to your court date. You can also cancel your court date.
  • 💬 For more information on how to cancel your court date, talk to a lawyer or contact your local self-help center (if you don't have your own lawyer) for help.

If the judge only granted some of the orders you asked for

  • If the judge didn't grant some of the orders you asked for, you can still ask for them at the court date
    • The judge decides whether to grant the temporary orders, like a stay away order, based on what is written on your request (form WV-100), so be prepared to provide more information about why you need these orders.
  • If you have more information (videos, pictures, additional events) that you want the judge to know about, talk to a lawyer or contact your local self-help center (if you don't have your own lawyer) for help.

There are people that can help you come up with a safety plan to keep you or your employees safe at work, home, and online. To learn more about creating a plan, contact the the Stalking Prevention, Awareness & Resource Center (SPARC) – Hotline or the Domestic Violence Hotline (both links open in a new tab).

 

Serving your court papers

What's next?

After you get a court date for your restraining order, you must have someone give a copy of your court papers to the person you are asking for protection from (the other side in your case). This is called serving court papers.

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