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West Virginia2026Enacted

HB4366

Using Military Orders for Court Protection

Last scannedAug 22, 2026, 11:08 AM

In one sentence

This law allows West Virginia courts to treat active military safety orders as strong proof of danger when deciding on temporary emergency protective orders.

What it does

  • Defines a 'military protective order' as an order issued by a commanding officer in the U.S. Armed Forces or National Guard against someone under their command.
  • Allows magistrates to treat valid military protective orders as clear and convincing evidence of immediate danger when issuing emergency protective orders, if the order is still active and was issued because the petitioner was reported as a victim of domestic abuse by the respondent.
  • Requires that any new emergency protective order must stop the respondent from possessing firearms.
  • Mandates that copies of emergency orders be sent to local police, sheriffs, and state police within 24 hours after they are issued.
  • Sets a deadline for family courts to hold final hearings on these petitions no later than 10 days after an emergency order is issued.

Who it affects

  • People who are victims of domestic violence or abuse by someone in the military
  • Magistrates and judges in West Virginia magistrate and family courts
  • Law enforcement agencies including police, sheriffs, and state police

Limits and unknowns

  • The law requires military protective orders to be currently active and not terminated to count as evidence.
  • Military orders must have been issued because the petitioner was a reported victim of domestic abuse by the respondent.
  • This text does not specify if these rules apply to past cases or only new petitions filed after June 12, 2026.

Plain language

Terms to know

Military protective order
A safety order issued by a military commander against a person under their command.
Emergency protective order
A temporary court order entered quickly to protect someone from immediate danger of abuse.

Official record

Sources

Validated
Official bill pageIntroduced textCurrent bill textStored full record

Official summary

Relating to military interpersonal violence

Official activity

Bill history

  1. Chapter 228, Acts, 1st Extraordinary Session, 2025H
  2. Approved by Governor 3/25/2026H
  3. To Governor 3/18/2026H
  4. Approved by Governor 3/25/2026 - House JournalH
  5. Approved by Governor 3/25/2026 - Senate JournalS
  6. To Governor 3/18/2026 - Senate JournalS
  7. House Message receivedS
  8. Completed legislative actionH
  9. Communicated to SenateH
  10. House concurred in Senate amendment and title amendment and passed bill (Roll No. 630)H
  11. House received Senate messageH
  12. Senate requests House to concurS
  13. Passed Senate with amended title (Roll No. 459)S
  14. Read 3rd timeS
  15. On 3rd readingS
  16. Committee amendment adopted (Voice vote)S
  17. Read 2nd timeS
  18. On 2nd readingS
  19. Read 1st timeS
  20. Immediate considerationS

Changes

Amendments

2 stored

hb4366 hfat akers 1-30 adopted.htm

This amendment updates the official title of Bill HB4366 to clearly list its goals regarding how military orders are used to get emergency and temporary safety protections in West Virginia.

hb4366 hfat akers 1-30.htm

This amendment changes the bill's title to clearly state that it updates laws about using military orders to get emergency or temporary safety protections.