West Virginia – Policy Map and Scorecard

State Overall Score: Little Accountability

STATE BREAKDOWN

Economic Abuse Defined in State Laws

None

We cannot begin to address economic abuse (which occurs in 99% of intimate partner violence cases) without properly defining it in state laws.

POSITIVE POLICIES THIS STATE HAS

Definition includes controlling, regulating, and depleting a survivor’s financial resources

Definition includes damaging survivor's credit or ability to obtain credit

Definition includes preventing survivor’s access or ability to access financial resources and other resources including the ability to work and/or ability to pursue education or job training

ADVERSE POLICIES THIS STATE HAS

A definition that explicitly excludes economic abuse or tactics

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Paid and Protective Leave

None

Survivors in the U.S. lose an estimated 8 million days of paid work each year dealing with the consequences of the intimate partner violence they’ve experienced. Paid and protected leave ensures survivors do not jeopardize their financial security or risk unemployment by taking time off.

POSITIVE POLICIES THIS STATE HAS

Survivors are given leave from work to deal with the consequences of abuse

Leave is guaranteed paid

Survivors who take leave are protected from job loss, discrimination and retaliation

Survivors get at least 10 days of leave annually

Leave does not deplete accrued time off (i.e., sick leave, vacation)

Leave is available to all employees regardless of employer, sector or employee status (PT/FT)

Leave policy provides an exhaustive list of reasons to take time off for work to deal with the consequences of abuse

Employers must keep employees’ reasoning for leave and related documentation confidential

Survivors are not required to prove that they have experienced intimate partner violence to access leave, or can access leave with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred in order to access leave

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Safe Workplaces

None

A safe work environment for a survivor includes protection from discrimination, the ability to request reasonable accommodations without fear of job loss or retaliation, and guaranteed confidentiality of their status as a survivor.

POSITIVE POLICIES THIS STATE HAS

Employers are prohibited from discriminating or retaliating against employees based on their status as a survivor

Protections against discrimination and retaliation are available to all employees regardless of employer type, sector, and employee status (PT/FT)

Employers must make reasonable accommodations available for survivors

Reasonable accommodation requirements apply to all employers regardless of employer type, sector, and employee status (PT/FT)

Employers must keep employees’ survivor status confidential

Confidentiality requirements apply to all employers regardless of employer type, sector, and employee status (PT/FT)

Employers are prohibited from requiring survivors or job applicants in general to include credit report information on job applications

Survivors are not required to prove that they have experienced intimate partner violence to access protections, or can access protections with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access protections

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Unemployment Insurance (UI) Accessibility

None

UI is a benefit to cover lost wages for authorized U.S. workers who have been laid off. Typically, those who leave or quit a job without a ‘just cause’ are ineligible to receive UI. However, survivors should remain eligible to receive UI if they need to leave or quit their job due to the harm they experience.

POSITIVE POLICIES THIS STATE HAS

Survivors who must leave or quit work due to intimate partner violence remain eligible for benefits

State provides 100% wage replacement for survivors of intimate partner violence

Survivors are not required to prove that they have experienced intimate partner violence to access the program, or can access it with sworn statement from either the survivor or a qualified third party that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access the program

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Litigation Abuse Protections

None

Litigation abuse occurs when a harm-doer misuses the legal and court system to further harm and control survivors. There are necessary protections needed in the court system to prevent harm-doers from committing litigation abuse against survivors.

POSITIVE POLICIES THIS STATE HAS

State protects survivors from litigation abuse by their harm-doer

The policy includes a broad definition of litigation to include any kind of legal action or proceeding

The policy requires harm-doers using litigation abuse tactics to pay all attorney’s fees and costs incurred by a survivor

The policy permits the dismissal with prejudice of any action in which a harm-doer is found to have committed litigation abuse

The policy requires attorneys that participate in litigation abuse to pay the survivor’s attorney’s fees

ADVERSE POLICIES THIS STATE HAS

This state does not have policies in this section.

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Designated Tort for Intimate Partner Violence

None

Survivors should not be held solely responsible for paying the expenses related to the harm they’ve experienced. Survivors should be afforded the right to bring a civil lawsuit against their harm-doer to recoup the costs of that harm.

POSITIVE POLICIES THIS STATE HAS

Survivors have the right to sue their harm-doers through a designated intimate partner violence or gender-based tort

Statute of limitations applicable to designated tort or torts that arise out of intimate partner or gender-based violence is at least 5 years

Statute of limitations applicable to designated tort or torts that arise out of intimate partner or gender-based violence is at least 20 years in cases of brain injury and / or a disability

ADVERSE POLICIES THIS STATE HAS

Designated tort excludes any gender identities and sexualities

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Victims of Crime Compensation Accessibility

Adverse

Compensation is available in every state for victims of crime to help pay for their expenses. While there are federal limitations on how the program is operated, this category considers the areas in which states can improve the accessibility and impact of the compensation program for survivors.

POSITIVE POLICIES THIS STATE HAS

Survivors can appeal eligibility determination

Survivors can appeal amount awarded

There is no deadline to apply for compensation

Survivors are not required to report the crime to police within a specific timeframe to be

Compensation is available to people who are undocumented

Emergency / expedited awards are available in cases of financial hardship

Funds are available to cover the cost of attorneys’ fees incurred in applying for compensation

Compensation is available to cover the cost of attorneys’ fees incurred in other legal proceedings related to intimate partner violence

Compensation awards are available to cover the cost of coerced and fraudulent debt

ADVERSE POLICIES THIS STATE HAS

Survivors are required to submit a police report as part of the application process

Survivors are required to cooperate with law enforcement for the investigation and / or prosecution of the crime

Compensation is not available to survivors with a criminal record

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Supplemental Nutrition Assistance Program (SNAP) Accessibility

None

SNAP is a federal food assistance program administered at the state-level. 80% of survivors rely on SNAP to meet their basic needs. States can take action to make SNAP more accessible to survivors through certain exemptions and/or special considerations.

POSITIVE POLICIES THIS STATE HAS

Survivors are eligible for exemptions or deferments from work or job training requirements

Survivors are eligible for expedited enrollment into the program

Survivors can remove harm-doers from listed household members on SNAP applications or renewals.

Survivors are eligible for benefit replacement when applying for a separate household from their harm doer

Survivors are eligible for specific exemptions or special considerations without having to apply through a shelter or other intimate partner violence service provider organization

Case managers are required to provide special considerations to survivors

All applicants are required to receive information about special considerations and exemptions for survivors

Survivors are not required to prove that they have experienced intimate partner violence to access exemptions or special considerations, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access exemptions and / or special considerations

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Temporary Assistance for Needy Families (TANF) Accessibility

Strong

TANF is a federal cash assistance program administered at the state-level. Two thirds of survivors rely on TANF to address their basic needs. States can take action to make the program more accessible to survivors through certain exemptions and / or special considerations.

POSITIVE POLICIES THIS STATE HAS

Survivors are eligible for exemptions or deferments from work or job training requirements

Survivors are eligible for time-limit exemptions or deferrals

Survivors are eligible for specific exemptions and special considerations without having to apply through a shelter or other intimate partner violence service provider organization

Case managers are required to provide special considerations to survivors

All applicants are required to receive information about special considerations and exemptions for survivors.

Survivors are not required to prove that they have experienced intimate partner violence to access exemptions or special considerations, or can access them with a sworn statement by either the survivor or a qualified third party that intimate partner violence occurred required

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred to access exemptions or special considerations

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Safe Banking Protections

None

There are approximately 28.4 million survivors that are currently banked and underserved in the U.S. In fact, only half of survivors report having access to a safe bank account that is protected from their harm-doer. Survivors must be afforded protections so their money and assets are kept safe and they can begin building the financial security necessary for long-term safety.

POSITIVE POLICIES THIS STATE HAS

Financial institutions operating within the state are required to be trained in intimate partner violence or economic abuse

Financial institutions operating within the state are required to implement enhanced fraud protections on survivors’ accounts

Financial institutions operating in the state are required to designate internal team to handle survivor accounts

Financial institutions operating in the state are required to implement procedures and policies that create protections against unintended disclosures of survivors’ contact information and addresses

Survivors are not required to prove that they have experienced intimate partner violence to access protections, or can access them with a sworn statement from either the survivor or a qualified third party that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access protections

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Coerced and Fraudulent Debt Protections

None

Coerced and fraudulent debt (which 52% of survivors experience) occurs when a harm-doer incurs debt in a survivors’ name without their knowledge or consent. Coerced and fraudulent debt financially devastates a survivor, damages their credit (42% of survivors report damage to their credit and an additional 14% haven’t checked their credit score) and causes additional hurdles to their financial freedom. State action must protect survivors from such debt and provide necessary relief.

POSITIVE POLICIES THIS STATE HAS

Survivors have the right to sue their harm-doers for coerced and fraudulent debt through a designated tort

Creditors and/or debt collectors operating within the state are required to be trained in intimate partner violence, coerced and fraudulent debt or economic abuse

State law provides survivors with relief from debt collection practices relating to coerced or fraudulent debt

State law provides survivors with relief from the obligation to pay for coerced or fraudulent debt

State definition of identity theft includes coerced and fraudulent debt and economic abuse

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access protections

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Rental Protections

None

Rental protections are essential to a survivor's housing security and an important part of their long-term safety. Rental protections include the ability to terminate a lease early without penalties and omit credit scores on rental applications.

POSITIVE POLICIES THIS STATE HAS

Survivors are eligible to terminate a lease early

Early lease termination does not result in any penalties including future rent, deduction of deposits or other costs

Early lease termination eligibility remains in place regardless of whether a known harm-doer is list on the rental lease agreement

Survivors can omit their credit scores on rental applications

Landlords are prohibited from evicting someone based on incidents of intimate partner violence

Eviction protections remain in place regardless of whether a known harm-doer has entered the property and/or rental unit

Landlords are prohibited from discriminating against survivors who are rental applicants or tenants

Survivors are not responsible for property damage as a result of intimate partner violence

Landlords are held liable to the tenant for any damages as a result of violating rental protections stated in the law

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving intimate partner violence occurred to access protections

Frequent calls to law enforcement or complaints related to IPV incidences label a property as a “public nuisance”

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Alternatives to Law Enforcement Responses

None

Survivor experiences and research shows that involving law enforcement in responses to intimate partner violence can cause more harm to survivors and their families. Survivors should be able to decide when and how they want to involve law enforcement.

POSITIVE POLICIES THIS STATE HAS

State has a task force or something similar to study, design and/or implement non-law enforcement responses to intimate partner violence

State provides options for non-law enforcement first responders to intimate partner violence

Survivors are able to drop criminal proceedings against their harm-doer with negatively impacting their ability to access resources

ADVERSE POLICIES THIS STATE HAS

Mandatory arrest requirements for calls related to intimate partner violence

Mandatory reporting for suspected intimate partner violence

“No-drop” policies

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

State Tax Credits

None

State-level tax credit like the Earned Income Tax Credit (EITC) and Child Tax Credit (CTC) give survivors a much needed extra boost of money in their tax refund each year. Studies have shown that benefits like EITC lift people out of poverty and supports both their short-term and long- term financial security.

POSITIVE POLICIES THIS STATE HAS

The state has an EITC program

The state EITC is refundable

Taxpayer Identification Number (ITIN) are eligible to receive state EITC

Self-employed filers are eligible to receive state EITC

Unpaid caregivers are eligible to receive state EITC

The state has a child tax credit (CTC)

The state CTC is refundable

Parents or guardians filing with an ITIN for the state CTC remain eligible for the credit for their dependent(s)/child(ren)

ADVERSE POLICIES THIS STATE HAS

This state does not have policies in this section.

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

State Tax Filing Protections

None

Economic abuse often extends to tax filings. Harm-doers may falsely claim a survivor and/or their children as dependent and intercept tax refunds that rightfully belong to a survivor. Survivors need protections that cater to their specific needs and situations, including a tax debt relief process and the ability to recoup a tax refund

POSITIVE POLICIES THIS STATE HAS

The state has an innocent spouse tax debt relief process for a spouse who has been subjected to IPV

The state has an injured spouse relief process for a spouse who has been subjected to IPV to recoup the tax refund incorrectly sent to a harm-doer

The state has a designated internal group within the state tax board to support survivors in safeguarding against and recovering from IPV-related tax fraud

Survivors are not required to prove that they have been subjected to intimate partner violence to access the program, or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, GBV service providers, and friends, that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access relief

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Access to the State’s Policy-Making Process

Promising

Barriers to the voting process make it challenging for survivors of IPV to safely vote. Removing barriers to this process can allow for more survivors to participate in elections.

POSITIVE POLICIES THIS STATE HAS

Survivors are able to keep their address and other contact information off of publicly available voter registration records in registering to vote

Survivors are able to keep their address and other contact information off of publicly available voter registration records without having to be a part of the address confidentiality program

State law allows same-day voter registration

State law allows those with a convicted criminal history to vote, regardless of conviction type or level

State law allows those who are in pre-trial detention or serving jail or prison sentences to register to vote

State law allows those who are in pre-trial detention or serving jail or prison sentences to vote

State allows those under the age of 18 to pre-register to vote

The state allows for online voter registration

Early voting is available

Voting by mail is available

Employers are required to provide employees some time off to vote

Time off to vote requirement is available to all employees regardless of employer type, sector, and employee status (PT/FT)

Time off is guaranteed paid

State makes Election Day a holiday

ADVERSE POLICIES THIS STATE HAS

Voters are required to show identification prior to casting a ballot

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Guaranteed Income for Survivors

None

Survivors are experts in their own experience and know what is best for them. Guaranteed income programs and similar unrestricted cash allow survivors the flexibility and autonomy to meet their needs as they see fit.

POSITIVE POLICIES THIS STATE HAS

State funding is allocated for a direct cash assistance pilot or a permanent program for survivors

The program or pilot does not require income limits

The program or pilot offers multiple ways for survivors to receive cash

Income from the pilot or program does not impact a survivor’s eligibility for safety-net programs (i.e. TANF, SNAP, and Medicare)

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that IPV has occurred in order to access the program or pilot

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Spousal Support Exemption for Survivors

None

Survivors of IPV should not be required to pay spousal support (aka alimony) to someone that has caused them harm and subjected them to economic abuse during or after divorce or separation proceedings.

POSITIVE POLICIES THIS STATE HAS

Survivors are exempted from paying an ex-spouse spousal support during divorce or separation proceedings

Survivors are exempted from paying an ex-spouse spousal after divorce or separation proceedings

Survivors are not required to prove that they were subjected to intimate partner violence to access the program, or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, GBV service providers, and friends, that intimate partner violence occurred

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence has occurred in order to access the exemption

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Health Insurance Accessibility

None

Refusing to cover mental health related services, charging high premiums and co-pays for all medical services, and/or only covering portions of costly medical treatments such as hospital stays, insurance providers are contributing to the high cost of IPV for survivors.

POSITIVE POLICIES THIS STATE HAS

Public and private health insurance policies are prohibited from discriminating against a survivor

Public and private health insurance policies are prohibited from charging survivors higher insurance premiums, co-pays, and other health insurance-related costs

Public and private health insurance policies are prohibited from excluding or limiting coverage for IPV-related injuries and other harms

Public and private health insurance companies must keep a person’s survivor status confidential

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access protections

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Services and Protections for Undocumented Survivors

None

Undocumented survivors oftentimes risk contact with immigration officials and deportation in seeking protection from a harm-doer and support services. Undocumented survivors have the right to have access to services that support their healing and recovery without the fear of deportation.

POSITIVE POLICIES THIS STATE HAS

Undocumented survivors who seek support and services from law enforcement are protected from being arrested, detained, and / or transferred to immigration enforcement due to their undocumented status

Local and state agencies are prohibited from conducting immigration arrests

Local and state agencies are prohibited from assisting or facilitating immigration arrests, which includes prohibiting ICE transfers

Survivors are eligible for TANF or a similar program regardless of immigration status

Survivors are eligible for SNAP or a similar program regardless of immigration status

Survivors are eligible for Medicare or similar program regardless of immigration status

Survivors are not required to prove that they were subjected to intimate partner violence to access the program, or can access it with a sworn statement from either the survivor or a qualified third party, including doctors, therapists, IPV service providers, and friends, that intimate partner violence occurred to access benefits

ADVERSE POLICIES THIS STATE HAS

Survivors are required to produce a protective order or police report proving that intimate partner violence occurred to access benefits

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.

Reproductive Justice

None

Access to safe and affordable reproductive care must be a right protected by law. Limiting and preventing a survivor’s bodily autonomy can be detrimental to their long-term financial, mental, and overall well-being.

POSITIVE POLICIES THIS STATE HAS

Abortion is legal at any stage of pregnancy

Abortion is legal for any reason

Abortion care does not require a waiting period

Pharmacies are required to carry contraceptives, emergency contraceptives, and abortion care medications, regardless of religious or political beliefs

Emergency contraceptives are available without a prescription

Private health insurance companies are required to cover abortion care

Public health insurance programs are required to cover abortion care

Private health insurance companies are required to cover contraceptives

Public health insurance programs are required to cover contraceptives

ADVERSE POLICIES THIS STATE HAS

Criminalizes the use of any abortion care or medication

Criminalizes those who support people in accessing abortion care

Criminalizes medical or health professionals who provide abortion care

POSITIVE POLICIES THIS STATE SHOULD ADOPT

This state does not have policies in this section.

ADVERSE POLICIES THIS STATE SHOULD AVOID

This state does not have policies in this section.