Before you start
Anything you put in your papers could be used against you in a criminal case. Talk to a lawyer if you have any concerns.
If you don't have a lawyer, free help from the court may be available. Learn more about your local court’s Self-Help Center.
Hire a lawyer to help you with all or a part of your case. It’s possible to go through this process without a lawyer. But having a restraining order against you may have a lot of consequences, and you may want to hire a lawyer.
Fill out the Response form (WV-120)
- Fill out the form, called the Response to Petition for Workplace Violence Restraining Orders (form WV-120)
- Attach a copy of any evidence you have (pictures, text messages). If you need more time to put together evidence, you can let the judge know at your hearing (court date).
Make copies of your forms
After you’ve filled out and signed the Response, form WV-120, make two copies. You'll need the two copies, plus the original, when you file with the court.
File your forms
Take your forms and copies to the courthouse listed on the papers you were served.
At the courthouse, you’ll file the forms by giving the original and two copies to the clerk. The clerk will keep the original, stamp your copies, and return the copies to you. One copy is for your records. The other copy is for the other side.
You will not have to pay a fee to file your response (form WV-120) if:
The employer checked item 14 on their form WV-100.
You can’t afford the fees. You can ask the clerk for a fee waiver. You qualify for a fee waiver if you receive public benefits, your income is less than a set amount, or you can't afford the fee and meet your basic needs. You will need to fill out two extra forms:
- Request to Waive Fees (form FW-001). Learn more about how to fill out this form.
- Order on Request to Waive Fees (form FW-003). The court will complete most of this form. You only need to complete items 1 and 2.
If you do not qualify for a fee waiver for either of these reasons, you will need to pay a fee of $435-$450 to the clerk when you file your forms if you decide to file a response.
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. After you drop your papers, you will have to go to the courthouse to pick up your copies. If your court hearing is only a few days away, do not use a drop box. Take your papers to the court clerk to file. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court’s website.
Once you’ve completed and filed your forms, you'll need to have a copy mailed to the other side. This is called service and you will need to find another adult to do this for you.