West Virginia
West Virginia Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In West Virginia, a Protective Order issued under WV Code Chapter 48, Article 27 can be obtained by a family or household member who has experienced domestic violence; a final order lasts 90 or 180 days, or one year when the court finds one of the aggravating factors listed in WV Code 48-27-505(b), and a 90-day or 180-day order can be extended. Emergency Protective Orders are available around the clock through magistrate court.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of protective orders in West Virginia
West Virginia provides two distinct procedural pathways for obtaining a protective order in domestic violence situations, both governed by WV Code Chapter 48, Article 27.
The first is the Emergency Protective Order (EPO), issued by a magistrate at any hour of the day or night, including weekends and holidays. A magistrate can issue an EPO on an ex parte basis, meaning without notice to the respondent, upon finding immediate danger. The EPO provides short-term protection while a full court date is arranged.
The second is the final Protective Order issued by the family court after a hearing where both parties have an opportunity to appear. This is the longer-term remedy. West Virginia's Chapter 48-27 framework covers only domestic violence situations requiring a qualifying relationship. That does not leave non-domestic victims without a civil option: WV Code Chapter 53, Article 8 creates a separate Personal Safety Order for people who do not have a qualifying family or household relationship with the person harassing or stalking them, such as a stranger, acquaintance, neighbor, or coworker. A magistrate can order the respondent to stop contacting the petitioner and to stay away from their home, workplace, or school, and can prohibit firearm possession if a weapon was used or threatened, a prior order was violated, or the respondent has a disqualifying firearm conviction. Relief lasts up to two years. Anyone eligible for a Chapter 48-27 Protective Order must use that process instead; the two remedies are not interchangeable.
Who can get a protective order in West Virginia?
To obtain a Protective Order under WV Code 48-27, the petitioner must be a "family or household member" of the respondent. WV Code 48-27-204 defines that term broadly to include: spouses and former spouses; persons living together as spouses; sexual or intimate partners; persons in a current or recent dating relationship (casual acquaintances do not count); persons residing or who resided together in the same household; persons who share a child in common; and an extended list of relatives, including parents and children, stepparents and stepchildren, siblings and half-siblings and stepsiblings, grandparents and step-grandparents, in-laws (including parents-, children-, aunts-, and uncles-in-law), aunts, uncles, nieces, nephews, and first or second cousins. That relative list also extends to the relatives of a spouse, cohabiting partner, intimate partner, dating partner, household member, or co-parent.
This definition is intentionally broad and covers many common domestic situations. For example, a person who shared a home with the respondent in the past, even if they no longer live together, can still seek a protective order based on that prior cohabitation. Similarly, two people who share a child are covered even if they never married or lived together. If the relationship does not fall into any of these categories, the Chapter 48-27 Protective Order does not apply, but you may still qualify for a Personal Safety Order under WV Code Chapter 53, Article 8, which covers stalking or harassment by someone outside these family or household categories. You can also speak with law enforcement or a victim advocate about other options.
How to file for a protective order in West Virginia
For an Emergency Protective Order, you contact the magistrate court. Magistrates are available around the clock in every county. The magistrate acts on a verified petition under WV Code 48-27-403, and WV Code 48-27-305 limits who may file one: the person seeking protection; an adult family or household member filing for a victim who is a minor or who is physically or mentally unable to file; or a person who reported or witnessed domestic violence and was then abused, threatened, harassed, or otherwise intimidated because of it. A responding officer is not on that list, so do not wait for police to file for you. Go to the magistrate yourself, or have an eligible family or household member go, and ask an officer or a victim advocate to help you get there. This matters most when the family court is closed and immediate protection is needed.
For a final Protective Order, you file a petition with the family court in your county. Court staff can assist you with the forms. Under VAWA, there is no filing fee charged to the petitioner for a domestic violence protective order, and magistrate court EPOs also carry no fee. You may file in the county where you reside, where the respondent resides, or where the abuse occurred. Once you file, the family court schedules a hearing within 10 days of the EPO being entered. Local domestic violence organizations and court self-help centers can provide free assistance with the forms and the process; they do not require you to have a lawyer to file.
Temporary vs. final orders: how long they last
West Virginia's two-stage process gives victims immediate short-term protection through the EPO while the case moves toward a hearing.
| Order stage | Duration |
|---|---|
| Emergency Protective Order (EPO) | Ex parte; hearing within 10 days of entry |
| Final Protective Order (standard) | 90 or 180 days, at the court's discretion |
| Final Protective Order with a 48-27-505(b) aggravating factor | One year |
| Extension of a 90-day or 180-day order | Additional 90 days on written request before it expires |
Once issued, the EPO stays in effect until the family court hearing, which must be held within 10 days of the EPO being entered under WV Code 48-27-403. At the hearing, both parties can present evidence and testimony. Since the respondent can contest the order there, ask a West Virginia family lawyer for a free case evaluation on your evidence and testimony (attorney advertising). If the court issues a final Protective Order, the standard duration is set at the court's discretion: 90 days or 180 days. WV Code 48-27-505(b) allows the court to enter a one-year order instead when it finds by a preponderance of the evidence that at least one of five listed factors applies: a material violation of a previous protective order; two or more protective orders entered against the respondent within five years; a prior conviction for domestic battery or assault, or for a felony crime of violence, involving a family or household member; a violation of WV Code 61-2-9a against a person protected by an existing order; or that the totality of the circumstances requires a year to protect the petitioner's physical safety.
A 90-day or 180-day order is extended for an additional 90-day period when the petitioner submits a written renewal request before the original order period expires, under WV Code 48-27-505(a) and (d). A one-year order entered under subsection (b) can be extended for whatever period the court considers necessary, after notice to the respondent, if the court finds a material violation of that order or of a related final order. The statute sets out the renewal mechanism without stating a cap on how many times it can be used, so ask the circuit clerk's office or a domestic-violence advocate what your court expects if you need protection beyond the current order.
Firearms and a West Virginia protective order
West Virginia addresses firearms through two overlapping provisions. WV Code 48-27-502(b) requires the family court to include a provision in every protective order prohibiting the respondent from possessing any firearm or ammunition for the duration of the order. This is a mandatory requirement, not something left to the court's discretion, and the order must also inform the respondent that possessing a firearm while the order is in effect is a separate state and federal crime. WV Code 61-7-7 separately and independently prohibits any person from possessing a firearm while subject to a qualifying domestic violence protective order that meets the criteria of 18 U.S.C. 922(g)(8).
The federal ban under 18 U.S.C. 922(g)(8) applies automatically once a qualifying final protective order is issued after notice and a hearing. Under federal law, the respondent may not possess any firearm or ammunition for the duration of the order, regardless of whether the state court order specifically mentions firearms. Violations of the federal prohibition are a separate federal crime with serious penalties. Because the firearm prohibition is mandatory in every protective order, you do not need to request it specifically. If you believe the respondent poses a heightened firearm risk, such as a prior violation or additional weapons in the home, you can still raise that with your advocate or attorney before the hearing so the court has the full picture.
What happens if someone violates the order?
Violating a West Virginia Protective Order can be a criminal offense. WV Code 48-27-903(a)(1) makes it a misdemeanor to knowingly and willfully violate specific provisions of an emergency or final protective order: the mandatory provisions in WV Code 48-27-502(a) and (b), and, where the court ordered that relief, subdivisions (2), (7), (9), and (14) of WV Code 48-27-503, which cover staying away from the petitioner's residence, staying out of their school or place of employment, refraining from contacting, telephoning, harassing, or verbally abusing them, and any other relief the court ordered to protect physical safety. The same statute also reaches certain temporary relief entered under WV Code 48-5-509 and 48-5-608.
A first offense carries a fine of not less than $250 and not more than $2,000, and a jail term of up to one year. The statute requires that the jail term include actual confinement of not less than 24 hours, meaning a judge cannot suspend the entire sentence on a first offense. Repeat violations carry enhanced penalties. A term of the order that falls outside the list in 48-27-903 is not a crime under that section, but it can still be enforced as contempt of court, which gives the judge real enforcement tools.
West Virginia law authorizes police to arrest a respondent without a warrant when there is probable cause to believe a protective order has been violated. If someone violates the order against you, call 911 right away. Try to document the violation as completely as possible, including the date, time, location, what the person did or said, and any witnesses or evidence. Report the violation to the family court that issued the order as well. Each documented violation strengthens the record and can support renewal, modification, or escalation of the order.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For more information about protective orders across all states, visit the cluster hub at Restraining Order Laws by State. West Virginia recording consent laws are covered on the West Virginia recording law page. For self-defense doctrines applicable in West Virginia, see the West Virginia self-defense laws page.
More West Virginia Laws
- West Virginia Child Custody Laws
- West Virginia Divorce Laws
- West Virginia GPS Tracking Laws
- West Virginia Self-Defense Laws
Frequently Asked Questions
How do I get a restraining order in West Virginia?
For immediate protection, contact the magistrate court in your county at any hour to request an Emergency Protective Order (EPO) on a verified petition. For a final Protective Order, file a petition with the family court in your county. Under WV Code 48-27-305 the petition must come from you, from an adult family or household member if you are a minor or are unable to file, or from someone who reported or witnessed the abuse and was targeted for it; a police officer cannot file it for you. Court staff can help you with the forms at no cost.
How long does a protective order last in West Virginia?
An Emergency Protective Order is in effect until the family court hearing, which must occur within 10 days. A final Protective Order normally lasts 90 or 180 days, at the court's discretion, and WV Code 48-27-505(b) allows a one-year order when the court finds one of five listed aggravating factors, such as a material violation of a previous order or two or more orders entered against the respondent within five years. A 90-day or 180-day order is extended for another 90 days on written request filed before it expires.
How much does a restraining order cost in West Virginia?
Filing is free. Under the federal Violence Against Women Act, courts cannot charge petitioners a filing fee or service fee for a domestic violence protective order. This applies to both the magistrate court EPO and the family court final order.
Can I get a protective order without a police report?
Yes. A civil protective order is a separate civil proceeding from any criminal case. You do not need a police report, a prior arrest, or a criminal conviction. You file a petition with the family court (or contact the magistrate for an EPO) based on your own sworn statements about the abuse or threat.
Does a protective order take away gun rights in West Virginia?
Yes. WV Code 61-7-7 prohibits firearm possession while under a qualifying domestic violence protective order. WV Code 48-27-502(b) requires every protective order to prohibit firearm possession; this is mandatory, not discretionary. The federal ban under 18 U.S.C. 922(g)(8) also applies to qualifying final orders.
What happens if the abuser violates the order?
Knowingly and willfully violating the provisions WV Code 48-27-903 lists, which include the mandatory no-abuse and firearm terms and the stay-away and no-contact terms the court ordered, is a misdemeanor. For a first offense the court must impose a fine of $250 to $2,000 and a jail term of up to one year that includes a mandatory minimum of 24 hours actual confinement. Repeat violations carry higher penalties, and a term outside that statutory list is enforced through contempt of court. Call 911 immediately, document the violation, and report it to the issuing court.
What is the difference between a restraining order and an order of protection in West Virginia?
West Virginia uses the term 'Protective Order' for its domestic violence civil court order. 'Restraining order' is a general term that people use informally for many types of court orders. In West Virginia, the formal legal terms are Emergency Protective Order (EPO, issued by a magistrate) and Protective Order (final order issued by family court).
Updates
Corrected who may petition for an emergency protective order (a police officer cannot file for you), added the one-year order available under W. Va. Code 48-27-505(b) and its five statutory factors, removed an unsupported claim that renewals are unlimited, and narrowed the criminal-violation section to the provisions 48-27-903 actually covers.
Added coverage of West Virginia's Personal Safety Order (WV Code Chapter 53, Article 8) for non-domestic stalking and harassment victims, corrected the firearm-prohibition language from discretionary to mandatory under WV Code 48-27-502(b), and completed the family-or-household-member eligibility list under WV Code 48-27-204 to include siblings, in-laws, and other extended-family and household categories.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 48-27-501Issuance of protective order; modification of order.In force
(a) Upon final hearing, the court shall enter a protective order if it finds, after hearing the evidence, that the petitioner has proved the allegations of domestic violence by a preponderance of the evidence. If the respondent is present at the hearing and elects not to contest the allegations of domestic violence or does not contest the relief sought, the petitioner is not required to produce evidence and prove the allegations of domestic violence and the court may directly address the issues of the relief requested. (b) The court may modify the terms of a protective order at any time upon subsequent petition filed by any party.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-403Emergency protective orders of court; hearings; persons present.In force
(a)(1) Upon the filing of a verified petition under this article, the magistrate court may enter an emergency protective order as it may determine necessary to protect the petitioner or minor children from domestic violence and, upon good cause shown, may do so ex parte without the necessity of bond being given by the petitioner. Clear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children constitutes good cause for the issuance of an emergency protective order pursuant to this section. For purposes of this section, the court may treat a military protective order as clear and convincing evidence of immediate and present danger of abuse to the petitioner or his or her minor children if the military protective order: (A) Is still in effect and has not been terminated; and (B) Was issued against the respondent because the petitioner was a reported victim of domestic abuse by the respondent.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-502Mandatory provisions in protective order.In force
(a) A protective order must order the respondent to refrain from abusing, harassing, stalking, threatening or otherwise intimidating the petitioner or the minor children, or engaging in other conduct that would place the petitioner or the minor children in reasonable fear of bodily injury. (b) The protective order must prohibit the respondent from possessing any firearm or ammunition. (c) The protective order must inform the respondent that he or she is prohibited from possessing any firearm or ammunition and that possession of a firearm or ammunition while subject to the court's protective order is a criminal offense under state and federal law, notwithstanding the fact that the respondent might otherwise have a right to possess a firearm. (d) The protective order must inform the respondent that the order is in full force in every county of this state. (e) The protective order must contain on its face the following statement, printed in bold-faced type or in capital letters: "VIOLATION OF THIS ORDER MAY BE PUNISHED BY CONFINEMENT IN A REGIONAL JAIL FOR AS LONG AS ONE YEAR AND BY A FINE OF AS MUCH AS $2,000".
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-505Time period a protective order is in effect; extension of order; notice of order or extension.In force
(a) Except as otherwise provided in subsection (d), section four hundred one of this article, a protective order, entered by the family court pursuant to this article, is effective for either ninety days or one hundred eighty days, in the discretion of the court. Upon receipt of a written request for renewal from the petitioner prior to the expiration of the original order, the family court shall extend its order for an additional ninety-day period. (b) Notwithstanding the provisions of subsection (a), the court may enter a protective order for a period of one year if the court finds by a preponderance of the evidence, after a hearing that any of the following aggravating factors are present: (1) That there has been a material violation of a previously entered protective order; (2) That two or more protective orders have been entered against the respondent within the previous five years; (3) That respondent has one or more prior convictions for domestic battery or assault or a felony crime of violence where the victim was a family or household member; (4) That the respondent has committed a violation of the provisions of section nine-a, article two, chapter sixty-one of this…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-903Misdemeanor offenses for violation of protective order; repeat offenses; penalties.In force
(a) A person is guilty of a misdemeanor if the person knowingly and willfully violates: (1) A provision of an emergency or final protective order entered pursuant to: (A) Subsection (a) or (b), section five hundred two of this article; (B) If the court has ordered such relief; subsection (2), (7), (9) or (14), section five hundred three of this article; (C) Subsection (b) or (c), section five hundred nine, article five of this chapter; or (D) Subsection (b) or (c), section six hundred eight, article five of this chapter; (2) A condition of bail, probation or parole which has the express intent or effect of protecting the personal safety of a particular person or persons; or (3) A restraining order entered pursuant to section nine-a, article two, chapter sixty-one of this code. Upon conviction thereof the person shall be confined in jail for a period of not less than one day nor more than one year, which jail term shall include actual confinement of not less than twenty-four hours, and shall be fined not less than $250 nor more than $2,000.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-204Family or household members defined.In force
"Family or household members" means persons who: (1) Are or were married to each other; (2) Are or were living together as spouses; (3) Are or were sexual or intimate partners; (4) Are or were dating: Provided, That a casual acquaintance or ordinary fraternization between persons in a business or social context does not establish a dating relationship; (5) Are or were residing together in the same household; (6) Have a child in common regardless of whether they have ever married or lived together; (7) Have the following relationships to another person: (A) Parent; (B) Stepparent; (C) Brother or sister; (D) Half-brother or half-sister; (E) Stepbrother or stepsister; (F) Father-in-law or mother-in-law; (G) Stepfather-in-law or stepmother-in-law; (H) Child or stepchild; (I) Daughter-in-law or son-in-law; (J) Stepdaughter-in-law or stepson-in-law; (K) Grandparent; (L) Step grandparent; (M) Aunt, aunt-in-law or step aunt; (N) Uncle, uncle-in-law or step uncle; (O) Niece or nephew; (P) First or second cousin; or (8) Have the relationships set forth in paragraphs (A) through (P), subdivision (7) of this section to a family or household member, as defined in…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 61-7-7Persons prohibited from possessing firearms; classifications; right of nonprohibited persons over 18 years of age to carry concealed deadly weapons; offenses and penalties; reinstatement of rights to possess; offenses; penalties.In forcecited in 5 of our articles
(a) Except as provided in this section, no person shall possess a firearm, as such is defined in §61-7-2 of this code, who: (1) Has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Is habitually addicted to alcohol; (3) Is an unlawful user of or habitually addicted to any controlled substance; (4) Has been adjudicated to be mentally incompetent or who has been involuntarily committed to a mental institution pursuant to the provisions of §27-1-1 et seq.
Official text (excerpt) · last checked 2026-09-24 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- United States v. Smith (District Court, S.D. West Virginia 2010, 742 F. Supp. 2d 855)“…Va. Code § 61-7-3 , and carrying a firearm in violation of W. Va. Code § 61-7-7 . (Docket 20 at 20-21.) Count Tw…”
- United States v. Juan Castillo-Rivera (Court of Appeals for the Fifth Circuit 2017, 853 F.3d 218)“…es the crime domestic battery, which is 37 West Virginia W. Va. Code § 61-7-7 section twenty-eight,…”
- Mach v. Garland (District Court, E.D. Kentucky 2025)“…18 U.S.C. § 925A ‘Remedy for erroneous denial of firearm’; W. Va. Code § 61-7-7(f); W. Va. Code § 61-7A-5.” Id. Howev…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: West Virginia Knife Laws (2026): Pocketknife Rule, Carry, Knife Laws by State (2026): Carry Rules, Blade Limits, Penalties, West Virginia Pepper Spray and Stun Gun Laws (2026)
§ 53-8-4Petition seeking relief.In forcecited in 3 of our articles
(a) Underlying acts. – A petitioner may seek relief under this article by filing with a magistrate court a petition that alleges the commission of any of the following acts against the petitioner by the respondent: (1) A sexual offense or attempted sexual offense as defined in section one of this article; (2) A violation of subsection (a), section nine-a, article two, chapter sixty-one of this code; or (3) repeated credible threats of bodily injury when the person making the threats knows or has reason to know that the threats cause another person to reasonably fear for his or her safety. (b) Contents.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Also relied on in: West Virginia GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
§ 48-27-305Persons who may file petition.In force
A petition for a protective order may be filed by: (1) A person seeking relief under this article for herself or himself (2) An adult family or household member for the protection of the victim or for any family or household member who is a minor child or physically or mentally incapacitated to the extent that he or she cannot file on his or her own behalf, or (3) A person who reported or was a witness to domestic violence and who, as a result, has been abused, threatened, harassed or who has been the subject of other actions intended to intimidate the person.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 48-27-503Permissive provisions in protective order.In force
The terms of a protective order may include: (1) Granting possession to the petitioner of the residence or household jointly resided in at the time the abuse occurred; (2) Ordering the respondent to refrain from entering or being present in the immediate environs of the residence of the petitioner; (3) Awarding temporary custody of or establishing temporary visitation rights with regard to minor children named in the order; (4) Establishing terms of temporary visitation with regard to the minor children named in the order including, but not limited to, requiring third party supervision of visitations if necessary to protect the petitioner and/or the minor children; (5) Ordering the noncustodial parent to pay to the caretaker parent a sum for temporary support and maintenance of the petitioner and children, if any; (6) Ordering the respondent to pay to the petitioner a sum for temporary support and maintenance of the petitioner, where appropriate; (7) Ordering the respondent to refrain from entering the school, business or place of employment of the petitioner or household or family members for the purpose of violating the protective order; (8) Ordering the respondent to…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- WV Code Chapter 48, Article 27 - Prevention and Treatment of Domestic Violence(code.wvlegislature.gov).gov
- West Virginia Courts - Domestic Violence Resources(courtswv.gov).gov
- W. Va. Code 53-8-4 - Personal Safety Orders (petition and grounds)(code.wvlegislature.gov).gov
- W. Va. Code 48-27-305 - Persons who may file a petition for a protective order(code.wvlegislature.gov)
- W. Va. Code 48-27-403 - Emergency protective orders; verified petition; hearing within 10 days(code.wvlegislature.gov)
- W. Va. Code 48-27-505 - Duration of protective orders; one-year orders; extensions(code.wvlegislature.gov)
- W. Va. Code 48-27-903 - Violation of a protective order; penalties(code.wvlegislature.gov)
- W. Va. Code 48-27-503 - Discretionary relief available in a protective order(code.wvlegislature.gov)