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WV HB4366
Bill
Status
3/14/2026
Primary Sponsor
Doug Smith
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AI Summary
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Defines "military protection order" as a protection order issued under federal law (10 U.S.C. § 1567) by a commanding officer against a person under their command in the U.S. Armed Forces or National Guard
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Establishes that a military protection order issued to a reported victim of domestic abuse constitutes sufficient evidence for courts to find immediate and present danger when issuing emergency protective orders
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Allows military protection orders to serve as reasonable grounds for magistrates to issue temporary personal safety orders against respondents
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Requires law enforcement officers who determine a military protection order exists in the FBI's National Crime Information Center database to notify the agency that entered the order when they have probable cause to believe the service member violated it
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Amends West Virginia Code sections in Chapters 48 (Domestic Relations) and 53 (Extraordinary Remedies) to integrate military protection orders into the state's domestic violence prevention framework
Legislative Description
Relating to military interpersonal violence
Domestic Relations
Last Action
Completed legislative action
3/14/2026