This bill amends West Virginia's Code regarding protective orders by introducing new requirements for prohibiting respondents from possessing firearms or ammunition. Specifically, it mandates that a full adversarial hearing must take place before a court of record, where the respondent is present and represented by legal counsel. The prohibition on firearm possession can only be enforced if there is clear and convincing evidence that the respondent poses an immediate danger to the petitioner, supported by documented threats or substantial evidence. This aims to ensure that the confiscation of firearms is not used as a punitive measure in domestic violence cases.

Additionally, the bill establishes that if a protective order is granted with these mandatory provisions, the respondent is entitled to an automatic appeal, which must be heard by the court within ten days. This change is intended to provide a fairer process for respondents while still addressing the serious concerns of domestic violence. The bill emphasizes the importance of due process in cases involving the potential loss of firearm rights.

Statutes affected:
Introduced Version: 48-27-502