West Virginia Legal Hotline | Free 24/7

Need legal help in West Virginia right now?

Pick up your phone and call 1-844-690-0555 right now, free and 24/7. Tell our AI legal assistant what happened, in plain words, and it will explain how your situation fits West Virginia law and which court you're actually in, your magistrate court, family court, or a circuit court at the county courthouse. It gives legal information, not legal advice, and there's no income test and no business-hours wait. If you've been arrested and can't afford counsel, ask about Public Defender Services eligibility. If you need someone to actually stand up for you, we'll help you book a paid consultation with a West Virginia-licensed attorney. One call tonight beats a sleepless one.

Choose your area of law in West Virginia

Criminal Defense →

From a magistrate-court misdemeanor to a felony bound over to circuit court under W. Va. Code Chapter 61, plus expungement limits and drug charges. Can't afford counsel? Ask about Public Defender Services.

DUI & Traffic →

First-offense DUI under W. Va. Code Chapter 17C carries license consequences, and a DUI conviction can't be expunged later, only kept off your record up front via the DUI Deferral Program. Know your options before court.

Divorce, Custody & Protective Orders →

West Virginia family courts handle divorce, custody, support and DV protective orders under Chapter 48. Emergency protective orders come from your magistrate, fast, when you're in danger tonight.

Immigration →

Visas, green cards, deportation defense, work authorization and citizenship all run on federal law, the same in Martinsburg as in Beckley. Get clear information, then book a qualified attorney.

Workers' Comp & Workplace →

West Virginia's distinctive deliberate-intent ('Mandolidis') claims, black lung benefits, unpaid wages and wrongful termination. Mine and plant injuries here have remedies most states simply don't offer.

Civil, Housing & Injury →

Eviction defense, car-accident claims (WV bars recovery if you're more than 50% at fault), magistrate-court civil suits up to $20,000, consumer disputes and mineral-rights questions.

How it works

Call 1-844-690-0555 free from anywhere in West Virginia, any hour. Our AI legal assistant picks up immediately, no hold music, no income test, no callback queue.

Explain your situation in plain English. You'll get clear legal information about how WV law and the right court, magistrate, family, or circuit, actually handle it. Information, not advice.

If you need representation, we'll help you book a paid consultation with a West Virginia-licensed attorney who knows your county and your kind of case.

The law in West Virginia

West Virginia runs a unified court system, the product of the Judicial Reorganization Amendment that voters ratified in 1974 and that took effect on January 1, 1976, sweeping away the old justice-of-the-peace setup. Knowing which court you're in is half the battle, so here's the ladder. At the bottom sit the magistrate courts, at least two per county (thirteen in Kanawha, 169 magistrates statewide). Magistrates need not be lawyers; they handle misdemeanors, issue arrest and search warrants, sign emergency protective orders, run preliminary hearings in felonies, and decide civil disputes up to $20,000, a limit doubled from $10,000 in 2025, including small claims. If you've been arrested or served with a small-claims suit, this is almost certainly where you start.

Next come the family courts, 48 judges across 27 circuits, who handle divorce, custody, support, paternity and domestic-violence protective orders under Chapter 48. Above them are the circuit courts, the state's only general-jurisdiction trial courts of record, 75 judges across 31 circuits, hearing felonies, larger civil suits, juvenile matters and appeals from magistrate and family court. In Charleston, all of these sit at the Kanawha County Judicial Annex, 111 Court Street; Huntington's Cabell County Courthouse is at 750 Fifth Avenue; Morgantown's Monongalia County Justice Center is on High Street; Martinsburg's Berkeley County Judicial Center is on West South Street.

Newer still is the Intermediate Court of Appeals, which began operating in 2022 with three judges and hears civil, family, workers'-compensation and administrative-agency appeals, but, importantly, not criminal appeals, which still go directly to the high court. At the top stands the Supreme Court of Appeals of West Virginia, five justices, the court of last resort. Note the name: it is the 'Supreme Court of Appeals,' not the 'Supreme Court,' and getting that right is the kind of detail that separates locals from out-of-state directories. The law itself is the Code of West Virginia, cited as 'W. Va. Code § 61-2-9' (chapter-article-section). City-ordinance violations go to municipal courts, which sit outside the unified system. If all of this feels like a maze, that's exactly what the free call is for: tell us what happened and we'll tell you which door you're standing in front of.

Court Hierarchy

Magistrate Courts (169 magistrates; misdemeanors, EPOs, civil up to $20,000)
Family Courts (48 judges, 27 circuits; divorce, custody, support, DV protective orders)
Circuit Courts (75 judges, 31 circuits; felonies, major civil, appeals)
Intermediate Court of Appeals (operating since 2022; civil/family/workers' comp, NOT criminal appeals)
Supreme Court of Appeals of West Virginia (5 justices; court of last resort)

Key Codes

Chapter 61 - Crimes and Their Punishment (expungement § 61-11-26)
Chapter 48 - Domestic Relations (§ 48-27 Domestic Violence Act)
Chapter 17C - Traffic & DUI (DUI Deferral § 17C-5-2b)
Chapter 23 - Workers' Comp (deliberate intent § 23-4-2)
Chapter 55 - comparative fault (§ 55-7-13a)

Key Bodies

West Virginia Judiciary (courtswv.gov)
The West Virginia State Bar (mandatory bar) & its Lawyer Referral Service
Public Defender Services of West Virginia
Robert C. Byrd U.S. Courthouse, Charleston (U.S. District Court, Southern District of WV)

Hurt at Work? West Virginia Lets You Sue Your Employer

Most states slam the door: workers' comp is your only remedy against your boss. West Virginia is one of the very few that leaves it open. Under the 'deliberate intent' doctrine from Mandolidis v. Elkins Industries (1978), now codified at W. Va. Code § 23-4-2, an injured worker, often a miner or plant hand, can sue the employer directly if a demanding five-element test is met: a specific unsafe condition, the employer's actual subjective knowledge of it and its high degree of risk, a violated safety standard, intentional exposure, and serious injury. The deadlines and proof rules are unforgiving. If you were badly hurt on the job in West Virginia, call 1-844-690-0555 for free information on whether this rare path applies, before the evidence goes cold.

Free & low-cost legal help in West Virginia

West Virginia has real free and low-cost help, but most of it is income-gated, civil-only, and open only during business hours, which is little comfort at 11pm or on a back road in McDowell County. The hotline above fills that gap: free, instant, any hour, any issue, no income test, for legal information. When you qualify and have time to wait, these official West Virginia programs are excellent and worth knowing. For criminal matters, civil legal aid won't help, that's what Public Defender Services covers.

Legal Aid of West Virginia (LAWV)

Statewide LSC-funded civil legal aid, housing, family, public benefits, consumer and domestic violence, free for residents generally at or below 125% of the federal poverty level. Phone intake 1-866-255-4370 (Mon/Wed/Thu/Fri 8:30am-3:00pm; Tue 8:30am-12:30pm plus evenings 6:00-8:00pm). Civil only, not criminal.

West Virginia State Bar Lawyer Referral Service

The official, bar-run referral service. It connects you with a licensed WV attorney experienced in your issue, who provides a 30-minute consultation for $25 or less. Phone 304-553-7220; toll-free 866-989-8227. This is the qualified referral service the Rules of Professional Conduct contemplate.

West Virginia Free Legal Answers

A free online 'virtual legal clinic' (an ABA program) where income-eligible residents post civil legal questions and WV-licensed volunteer attorneys answer them at no cost. Civil matters only; expect a turnaround rather than an instant answer.

West Virginia Judiciary Court Forms

The official courtswv.gov library of free, plain-language forms for magistrate, family and circuit court, divorce, custody, protective orders, small claims and more. The court notes the forms are not a substitute for legal advice.

West Virginia Senior Legal Aid

Free civil legal services and advice for WV residents age 60 and over, with a focus on rural, disabled and economically disadvantaged seniors, wills, benefits, consumer and elder-law issues.

Public Defender Services of West Virginia

The state agency funding indigent criminal defense. If you're charged with a crime (or in a juvenile matter) and can't afford a lawyer, you apply via an affidavit of eligibility for court-appointed counsel, the route for criminal cases that civil legal aid does not cover.

Legal Hotline covers all of West Virginia

Wherever you are in West Virginia, the line is free and answered 24/7 — including:

CharlestonHuntingtonMorgantownParkersburgWheelingMartinsburgBeckleyClarksburg

Frequently asked questions — West Virginia

I need a lawyer right now in West Virginia. What do I do tonight?

Call 1-844-690-0555. It's free and answers 24/7, no income test and no waiting for Monday-morning intake. Our AI legal assistant, trained on West Virginia and federal law, will hear you out and explain in plain English how your situation fits WV law and which court, magistrate, family or circuit, it belongs in. That's legal information, not legal advice. If you need someone to actually represent you, we'll help you book a paid consultation with a West Virginia-licensed attorney. If you've been arrested and can't afford a lawyer, ask about Public Defender Services eligibility.

Is the call really free, and who am I talking to?

Yes, the call to 1-844-690-0555 is completely free, with no income test and no catch. You're speaking with our AI legal assistant, trained on US federal law and the law of all fifty states, including West Virginia. It gives legal information, helping you understand how WV magistrate, family and circuit courts work and where your issue fits, but it does not give legal advice and is not your lawyer. If you decide you need representation, booking a consultation with a West Virginia-licensed attorney is a separate paid service we can help you arrange.

Do I need a lawyer for magistrate court in West Virginia?

You can appear in magistrate court without one, and many people do, it handles misdemeanors, small claims and civil disputes up to $20,000, and magistrates aren't even required to be lawyers. But 'allowed to' isn't 'wise to,' especially with a criminal misdemeanor on the line or money you can't afford to lose. Before you walk into the courthouse, call 1-844-690-0555 for free information on what to expect, deadlines, and whether your case might be bound over to circuit court. That's legal information, not legal advice, and if the stakes warrant it we can help you book a WV attorney.

How do I get an emergency protective order in West Virginia?

In an emergency, you can seek an emergency protective order from a magistrate, including after hours, under the Domestic Violence Act (W. Va. Code Chapter 48, article 27). The magistrate can grant immediate, short-term protection; a longer protective-order hearing then goes to family court. If you're in danger right now, call 911 first. To understand the process, what to bring, what an emergency order can and can't do, and what happens at the family-court hearing, call 1-844-690-0555 free, any hour. It's information to help you act, not legal advice.

Can I expunge a DUI in West Virginia?

No, and this trips people up constantly. Under W. Va. Code § 61-11-26, many misdemeanors and some non-violent felonies can be expunged after a waiting period, but DUI convictions and domestic-violence offenses are categorically excluded, you cannot expunge a DUI conviction later. The main way to keep a qualifying first-offense DUI off your record is the DUI Deferral Program (W. Va. Code § 17C-5-2b), which you address up front, not afterward, with tight deadlines to enroll. Because the window matters so much, call 1-844-690-0555 for free information on how the deferral program and DUI penalties under Chapter 17C work, then book a WV attorney if you want representation.

I was hurt at work in a mine or plant. Can I sue my employer?

Possibly, and West Virginia is unusual here. Most states limit you to workers' comp, but WV's 'deliberate intent' doctrine, from Mandolidis v. Elkins Industries and codified at W. Va. Code § 23-4-2, lets a worker sue the employer directly if a strict five-element test is met (a specific unsafe condition, the employer's actual knowledge of it and its high degree of risk, a violated safety standard, intentional exposure and serious injury). Coal miners may also have black-lung claims. These deadlines are tight. Call 1-844-690-0555 free to learn whether your injury fits, then we can help you book a WV attorney.

How much does a lawyer cost in West Virginia, and what if I can't afford one?

It varies by case and county. Many WV attorneys offer a low-cost initial consultation, and the State Bar's Lawyer Referral Service arranges a 30-minute consult for $25 or less. For criminal charges, if you can't afford counsel you can apply to Public Defender Services via an affidavit of eligibility for a court-appointed lawyer. For civil matters, income-eligible residents can use Legal Aid of West Virginia. Before you spend a dollar, call 1-844-690-0555 free to understand your situation. If you want representation, we'll help you book a paid consultation with a West Virginia-licensed attorney.

Who's at fault in a West Virginia car accident, and can I still recover?

West Virginia uses modified comparative fault under W. Va. Code § 55-7-13a. You can recover damages reduced by your share of the blame, but you recover nothing if your fault is greater than the combined fault of everyone else, the so-called 51% bar. So if the crash was mostly the other driver's doing, you likely still have a claim even if you weren't perfect. Insurers know this and will push to pin more fault on you. Call 1-844-690-0555 for free information on how WV's comparative-fault rule works, then we can help you book a West Virginia injury attorney.

I'm being evicted in West Virginia. What are my options?

Eviction (the legal term is wrongful occupation) typically runs through magistrate court, and the timelines move fast, which is exactly why getting information quickly matters. You may have defenses depending on notice, the lease, conditions, or whether proper procedure was followed. Legal Aid of West Virginia handles housing for income-eligible residents, and the courtswv.gov forms library has the relevant filings. For free, immediate, plain-English information on the WV eviction process and what to do before your hearing, call 1-844-690-0555 any hour. That's legal information, not legal advice, and if you need representation we can help you book a WV attorney.

Do you have lawyers in Charleston, Morgantown, Huntington and the rest of the state?

Legal Hotline serves all of West Virginia, the Kanawha Valley and Charleston, Huntington and Cabell County, Morgantown and WVU country, Parkersburg and the Ohio River corridor, Wheeling and the Northern Panhandle, fast-growing Martinsburg in the Eastern Panhandle, and Beckley and the southern coalfields. The free call works the same from any holler or county seat. When you need representation, we help you book a paid consultation with an attorney licensed in West Virginia and suited to your county and case type. Start with the free call: 1-844-690-0555, 24/7. Legal information first, a lawyer when you need one.

West Virginia Attorneys: Join Our Referral Network

Are you licensed in West Virginia, from Charleston to the Eastern Panhandle? Callers reach us 24/7 already needing representation. Join our referral network to receive consultation bookings with clients in your county and practice area. Get in touch to learn how it works.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

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