This bill amends various sections of the Code of West Virginia to enhance protections for victims of domestic violence, particularly those in military contexts. It introduces the concept of a "military protection order," which is issued by a commanding officer in the Armed Forces or National Guard, and establishes that such orders can serve as sufficient evidence of immediate danger in emergency protective order proceedings. Furthermore, the bill allows military protection orders to be grounds for issuing temporary personal safety orders, thereby simplifying the process for victims. It also mandates that law enforcement officers enforce these military protection orders when they are registered in the National Crime Information Center database, ensuring prompt action against violations.

Additionally, the bill modifies the procedures for final personal safety order hearings, allowing magistrates to proceed with hearings if the respondent is present or if the court has personal jurisdiction, provided both parties consent to waive the temporary personal safety order hearing. This change aims to streamline the legal process and facilitate quicker resolutions in cases where both the petitioner and respondent agree. Overall, the bill seeks to strengthen the legal framework surrounding protective orders and improve the enforcement of protections for victims of domestic violence.

Statutes affected:
Introduced Version: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5