This bill amends the Code of West Virginia to improve the legal framework regarding military interpersonal violence and protective orders. It introduces the concept of a "military protection order," which is defined as a protection order issued by a commanding officer in the Armed Forces or National Guard. These orders can serve as sufficient evidence of immediate danger in emergency protective order proceedings and can be enforced by law enforcement officers in West Virginia. The bill also requires law enforcement to notify the issuing agency if they have probable cause to believe a military protection order has been violated.
Additionally, the bill modifies existing provisions related to emergency protective orders and personal safety orders by allowing military protection orders to be admitted as evidence in hearings and providing grounds for issuing temporary personal safety orders. It streamlines the process for serving and enforcing these orders, ensuring their effectiveness statewide. Furthermore, the bill allows magistrates to conduct final personal safety order hearings in certain circumstances, thereby expediting the legal process and enhancing protections for individuals affected by domestic violence, particularly those with military ties.
Statutes affected: Introduced Version: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5