How HB 4366 changes current law

Compared against the W. Va. Code as published AI-generated reading aid — verify against the official bill.

The bill amends various sections to enhance the use and recognition of military protective orders in domestic violence cases and specifies law enforcement responsibilities regarding them.

• §48-27-209

  means a protective order issued by a commanding officer in the United States Armed Forces, the West Virginia National Guard, or the National Guard of any other state against a person under such officer's command. → means a protective order issued by a commanding officer in the United States Armed Forces, the West Virginia National Guard, or the National Guard of any other state against a person under such officer's command; and for purposes of this article, shall also include a military protective order in use for the purpose of this article related to domestic violence.

  This change clarifies that military protective orders can be included in the context of domestic violence cases.

• §48-27-403

  clear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children constitutes good cause for the issuance of an emergency protective order pursuant to this section. → clear and convincing evidence of immediate and present danger of abuse to the petitioner or minor children constitutes good cause for the issuance of an emergency protective order pursuant to this section, including any military protective order that is applicable.

  This amendment allows military protective orders to be considered as evidence of immediate danger in emergency protective order proceedings.

• §48-28-4

  and that said order is registered in the Federal Bureau of Investigation's National Crime Information Center database; → but is not limited to a military protective order;

  This updates the scope of enforcement to include military protective orders in addition to foreign protection orders.

• §53-8-1

  For purposes of this article, a military protective order shall be recognized as a protective order in the context of personal safety.

  This addition recognizes military protective orders in the context of personal safety orders.