This bill amends West Virginia Code §48-27-502, which outlines mandatory provisions in protective orders related to domestic violence. It introduces new requirements that a respondent cannot be prohibited from possessing firearms or ammunition unless there is a full adversarial hearing before a court of record, where the respondent is present and represented by legal counsel. Additionally, the court must find clear and convincing evidence that the respondent poses an immediate danger to the petitioner, based on documented threats or substantial evidence, and that the confiscation of firearms is not punitive.

Furthermore, 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 legislative change aims to ensure due process for respondents in domestic violence cases while maintaining protections for victims.

Statutes affected:
Introduced Version: 48-27-502