HB 4366
Relating to military interpersonal violence
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Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill amends West Virginia code to clarify the use of military protection orders within the state’s legal system. It defines ‘military protection order’ and ‘military protection order recipient,’ clarifies how these orders are considered in domestic violence cases, and outlines procedures for law enforcement when responding to warrants involving individuals subject to such orders. The bill also addresses the issuance and enforcement of protective orders, including temporary and final orders, and provides for the transfer of court files related to protective orders.
Key provisions
- Defines ‘military protection order’ and ‘military protection order recipient’ based on federal law.
- Clarifies that a military protection order is sufficient evidence for a court to determine immediate danger in domestic violence cases.
- Specifies procedures for law enforcement to enforce military protection orders.
- Outlines requirements for service of protective orders on respondents.
- Addresses the transfer of court files related to protective orders.
- Establishes a process for extending temporary protective orders.
- Provides for the consideration of military protection orders in determining whether to issue a temporary personal safety order.
- Requires law enforcement to notify the FBI’s National Crime Information Center database when arresting someone with a military protection order.
Who is affected
- Military personnel and their families
- Domestic violence victims
Sponsors
Official sponsors from legislative records.
Primary sponsor
D. Smith
Cosponsors
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