The bill amends several sections of the West Virginia Code to enhance protections against military interpersonal violence. It introduces the definition of a "military protective order," which is a protective order issued by a commanding officer in the U.S. Armed Forces or National Guard. The bill allows for the use of military protective orders as evidence of immediate danger in petitions for emergency protective orders and temporary personal safety orders. It also mandates that law enforcement officers notify relevant agencies of potential violations of military protective orders and ensures that these orders are treated with the same seriousness as civilian protective orders.
Additionally, the bill outlines the procedures for issuing emergency protective orders, including the requirement for the court to serve copies of the orders to both the petitioner and the respondent, as well as law enforcement agencies. It specifies that if a military protective order is in effect and has not been terminated, it can be used as clear evidence of danger in court proceedings. The bill also emphasizes the importance of timely hearings and notifications related to protective orders, ensuring that both parties are informed of their rights and the proceedings against them.
Statutes affected: Introduced Version: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5
Committee Substitute: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5
Engrossed Committee Substitute: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5
Enrolled Committee Substitute: 48-27-209, 48-27-403, 48-28-4, 53-8-1, 53-8-5