This bill amends various sections of the West Virginia Code to strengthen the legal framework regarding military interpersonal violence and the issuance of military protective orders. It introduces a clear definition of "military protection order," which is defined as a protection order issued by a commanding officer in the Armed Forces or National Guard. The bill specifies that these orders can be used as evidence of immediate danger in emergency protective order proceedings. Additionally, it requires law enforcement officers to notify the agency that issued a military protection order if they have probable cause to believe that the order has been violated.

Furthermore, the bill makes several modifications to existing legal language to streamline definitions and procedures related to protective orders. It removes outdated definitions and replaces them with updated terms, emphasizing that a military protection order can serve as sufficient grounds for issuing temporary personal safety orders. The bill also alters the process for final personal safety order hearings, allowing a magistrate to proceed with such hearings if the respondent is present and both parties consent to waive the temporary hearing. Overall, the bill aims to improve the enforcement and clarity of protective measures for individuals affected by military interpersonal violence.

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