This bill updates West Virginia laws to recognize military protective orders as valid evidence of domestic violence when seeking emergency protective orders from family courts. It defines a military protective order as one issued by a commanding officer in the U.S. Armed Forces, West Virginia National Guard, or another state's National Guard against someone under their command. The legislation requires law enforcement to notify relevant agencies of potential violations of these military orders and allows them to be used in petitions for temporary personal safety orders. These changes aim to improve how courts handle cases involving service members and their families by streamlining the process for obtaining protection orders.
HB 5253 creates a confidential domestic violence registry maintained by the West Virginia State Police Criminal Identification Bureau. The registry lists individuals convicted of three or more domestic violence offenses (as defined in state law), allowing authorized entities like childcare facilities, residential care homes, and home care providers to conduct confidential background checks before hiring staff or volunteers who interact with children, incapacitated adults, or adults receiving behavioral health services. Prosecuting attorneys must submit relevant conviction data to the registry, and the bill specifies that only "requesters" (such as employers or care providers) can access the information for employment screening purposes. The law aims to protect vulnerable individuals by enabling confidential verification of a person's domestic violence history prior to placement in caregiving roles.
HB 5183 directs West Virginia’s Supreme Court of Appeals to establish a single pilot domestic violence court in Kanawha County. This specialized court would handle specific misdemeanor domestic violence cases involving family or household members, including violations of laws related to assault, protective orders, and related offenses. The Supreme Court must collect data on the court’s effectiveness and report findings to lawmakers by 2027 and 2028. The pilot is limited to Kanawha County and applies only to misdemeanor cases (felony cases require a circuit judge).
HB 5336 updates West Virginia's domestic violence law to explicitly include "coercive control" as a defined form of abuse. The bill defines coercive control as a pattern of behavior meant to dominate and isolate a partner, such as controlling finances, monitoring communications, threatening harm, or restricting contact with friends and family. This change ensures non-physical tactics like emotional manipulation and isolation are legally recognized under domestic violence statutes. The bill directly affects victims of such abuse and legal proceedings by expanding the scope of what qualifies as domestic violence in court and law enforcement responses.
HB 5341 creates a public registry of domestic violence offenders in West Virginia, maintained by the State Police and accessible online. Individuals convicted of domestic violence against an intimate partner (with at least one prior conviction) or of sexual assault, abuse, or causing serious bodily injury must register and pay a $150 fee, with $50 funding family court services and $100 supporting domestic violence legal aid. The registry includes basic identifying details like name, date of birth, and conviction dates but excludes sensitive information such as addresses or Social Security numbers. Removal from the registry occurs after 5 years for one prior conviction, 10 years for two prior convictions or severe offenses, or for life with three or more prior convictions, applying to offenses occurring on or after July 1, 2026.
SB 963 requires courts to hold a full adversarial hearing with the respondent present and represented by counsel before issuing a protective order that prohibits firearm possession in domestic violence cases. It mandates that such restrictions can only be imposed if the court finds clear and convincing evidence of an immediate danger (e.g., documented threats or sworn testimony), not as punishment. The bill also requires automatic appeals for respondents within 10 days if firearm restrictions are included in the order. This directly affects individuals facing domestic violence protective orders in West Virginia, changing the process for firearm-related restrictions. The law aims to balance safety concerns with due process by setting higher evidentiary standards before restricting gun access.
HB 5334 protects residential tenants in West Virginia who face safety threats. It allows tenants to end leases without penalty if they fear imminent violence from domestic abuse, sexual conduct, stalking, or sexual extortion - without requiring a conviction. Landlords cannot block tenants from calling police or penalize them for doing so, and must keep all related details (like the perpetrator's name or relocation address) confidential. The bill also prohibits landlords from using such information in databases or against tenants in eviction cases, while requiring written notice with proof of the threat before lease termination.
HB 5101, the Joanna Phillips Domestic Violence Prevention Act, increases penalties for specific domestic violence offenses in West Virginia. It raises the minimum prison sentence for strangulation, suffocation, or asphyxiation of a family or household member (causing injury or loss of consciousness) from one year to two years, and for repeat offenders from one year to three years. For second offenses of domestic battery or assault, the bill sets a minimum jail term of 60 days and increases the maximum fine from $500 to $4,000. The bill also alters bail requirements for domestic violence cases to enhance victim safety protections.
HB 5368 would create a public registry for West Virginia domestic violence offenders with at least two qualifying convictions. It requires individuals convicted of two domestic violence offenses (such as domestic battery, assault, or strangulation against an intimate partner) to register with local state police, providing their name, address, and other identifying details. The registry would make this information publicly available to help community members protect themselves and their children, while the bill explicitly states it is for safety purposes, not punishment. The law applies retroactively to existing offenders and defines "domestic violence" under specific state statutes.
HB 4974 amends West Virginia law to clarify and expand the categories of people prohibited from legally owning or carrying firearms. It directly affects individuals with certain felony convictions (especially violent or drug-related offenses), those found mentally incompetent or involuntarily committed, unlawful drug users, people subject to specific domestic violence protective orders (requiring findings of credible threat or explicit force prohibitions), and others with disqualifying legal histories. The bill specifies penalties: misdemeanor fines/jail time for first-time violations of prohibitions, and felony charges with longer prison terms for repeat offenses or violations by those prohibited under stricter categories. It also maintains the process for eligible individuals to petition courts to restore firearm rights after meeting strict criteria.
