West VirginiaHB 43662026 Regular SessionHouse

Relating to military interpersonal violence

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Quicker protective orders with gun bans

You can ask a magistrate for an emergency protective order. The court can act right away if there is clear and convincing evidence of immediate danger. An active military protective order issued because you reported abuse counts as strong evidence. Any emergency order must bar the respondent from having firearms. The order is served immediately, sent to law enforcement within 24 hours, works statewide, and the magistrate sends the file to the circuit court clerk. Family court holds a final hearing within 10 days. If you do not appear, the case is dismissed; if the respondent does not appear, the court may order protection for 90 or 180 days. At the final hearing, you must prove the abuse by a preponderance of the evidence. If the respondent is a juvenile and a parent, guardian, custodian, or co-resident filed the case, it moves to the juvenile system and the prosecutor is notified within 24 hours.

Stronger temporary personal safety orders

After a hearing, if a magistrate finds reasonable cause, the court must issue a temporary personal safety order. The order can ban contact, keep the respondent away from your home, work, or school, and stop interference with you or minors in your home. The court may order the respondent to pay filing fees. The judge may also ban the respondent from having guns if a weapon was used or threatened, a prior order was broken, or there is a firearm-related conviction. Orders must include only what is needed to protect you, must be served right away, and last up to 10 days; a magistrate can extend them for service or good cause. If the respondent appears or the court has jurisdiction and both sides agree, the court can skip the temporary hearing and go straight to a final hearing. The law defines key terms so courts and police apply these rules the same way.

West Virginia enforces out-of-state orders

West Virginia police enforce valid protection orders from other states or countries as if they were state orders. Showing an order that names the people and looks current is enough for police to act, and you do not have to register it in West Virginia. If the respondent was never told about the order, officers must inform them, try to serve it, and give a reasonable chance to obey before enforcing it. If police lawfully arrest a service member and an NCIC-listed military protective order was likely broken, officers must notify the agency that entered that order.

Sponsors & Cosponsors

Sponsor

Doug Smith
Republican • House

Cosponsors

Scot C. Heckert
Republican • House
Rick Hillenbrand
Republican • House
Keith Marple
Republican • House
Bill Ridenour
Republican • House
Charles Sheedy
Republican • House
Gregory A. Watt
Republican • House

Roll Call Votes

All Roll Calls

Yes: 228 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and title amendment and passed bill (Roll No. 630)

Yes: 97 • No: 0

Senate vote • 3/11/2026

Passed Senate with amended title (Roll No. 459)

Yes: 34 • No: 0

House vote • 2/2/2026

Passed House (Roll No. 36)