West VirginiaMagistrates may consider military orders in protection cases
West Virginia magistrates may consider certain active military protective orders in civilian protection cases, and officers must report some related arrests to the issuing agency.
What it does
A magistrate may treat an active military protective order as clear and convincing evidence of immediate danger when deciding whether to issue an emergency order.
For a temporary personal safety order, a magistrate may treat an active military order as reason to believe the respondent committed a covered act against the petitioner.
During a qualifying arrest, West Virginia officers must notify the agency that entered the military order in the federal crime database and describe the circumstances.
Argument forThe issuing agency could learn about a related arrest and its circumstances, helping it track possible violations of a military order.
Argument againstA magistrate could rely on an active military order as evidence of immediate danger, which may affect a respondent before a full hearing.
More detail
A magistrate may treat a qualifying military protective order as clear and convincing evidence of immediate danger when deciding whether to issue an emergency protective order. This applies to petitions for emergency protective orders in domestic violence cases. The order must still be in effect and must have been issued because the petitioner was reported as a victim of domestic abuse by the respondent. The law took effect June 12, 2026.
A magistrate may treat a qualifying military protective order as reasonable cause when deciding whether to issue a temporary personal safety order. This applies to requests for temporary personal safety orders. The order must still be in effect and must have been issued because the respondent committed a covered act against the petitioner. The law took effect June 12, 2026.
A West Virginia law-enforcement officer must notify the agency that entered a military protective order in the federal crime database about a qualifying arrest and its circumstances. This applies to arrests of people serving in the U.S. Armed Forces or a state National Guard when a military protective order was entered in the database. The officer must be making an otherwise lawful arrest, find the order listed in the federal crime database, and have probable cause to believe the person violated it. The law took effect June 12, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 228, Acts, Regular Session, 2026Latest
- Mar 25Approved by Governor Patrick Morrisey 3/25/2026Major
- Mar 18To Governor 3/18/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 3/25/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 3/25/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/18/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and title amendment and passed bill (Roll No. 630)
- Mar 14House received Senate message
- Mar 11Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 11Passed Senate with amended title (Roll No. 459)Passed Senate
- Mar 11Read 3rd timeMinor
- Mar 11On 3rd reading
- Mar 10Committee amendment adopted (Voice vote)
- Mar 10Read 2nd timeMinor
- Mar 10On 2nd reading
- Mar 9Read 1st timeMinor
- Mar 9Immediate consideration
- Mar 9Reported do pass, as amended by MilitaryMinor
- Mar 6To JudiciaryMinor
- Mar 6Reported do pass with amend and title amend but first to JudiciaryMinor
- Feb 3To Military
- Feb 3To Military then Judiciary
- Feb 3Introduced in SenateMinor
- Feb 2Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Feb 2Title amendment adopted (Voice vote)
- Feb 2Passed House (Roll No. 36)Passed House
- Feb 2Read 3rd timeMinor
- Feb 2On 3rd reading, Special Calendar
- Jan 30Read 2nd timeMinor
- Jan 30On 2nd reading, Special Calendar
- Jan 29Read 1st timeMinor
- Jan 28By substitute, do pass
- Jan 23Markup Discussion
- Jan 22To House JudiciaryMinor
- Jan 21Markup Discussion
- Jan 21To House Homeland SecurityMinor
- Jan 15To House JudiciaryMinor
- Jan 15Introduced in HouseMinor
- Jan 15To JudiciaryMinor
- Jan 15Filed for introductionIntroduced
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