The bill amends various sections of the West Virginia Code to enhance protections against military interpersonal violence by introducing specific definitions and clarifications regarding military protective orders. It defines "military protection order" as an order issued by a commanding officer in the armed forces or National Guard and establishes that such orders can be considered as evidence of immediate danger in emergency protective order proceedings. The bill also clarifies the circumstances under which law enforcement officers may report potential violations of military orders, ensuring that these orders are recognized and enforced similarly to civilian protective orders.
Additionally, the bill modifies existing legal language to improve the enforcement of protective orders, including provisions for the immediate service of orders and the requirement for law enforcement to notify relevant agencies when a military protection order is involved. It changes the duration of temporary personal safety orders from "ten" days to "10" days after service and grants magistrates the authority to extend these orders for valid reasons. The bill also allows magistrates to proceed directly to a final personal safety order hearing under certain conditions, streamlining the process for victims of domestic violence, particularly those with military connections.
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