Bill > HB38

This bill enhances criminal penalties for repeated violations of orders of protection in Kentucky by establishing more severe consequences for individuals who violate protective orders multiple times. Specifically, while a first or second violation of a protective order remains a Class A misdemeanor, a third or subsequent violation within a five-year period can be elevated to a Class D felony if it involves the use or attempted use of physical force or a threat of physical harm. Importantly, the subsequent violations do not need to involve the same protected person, and the five-year period is measured from the dates of conviction. The bill also provides additional procedural protections for petitioners, such as allowing them to be excused from future court appearances until the respondent has been served and enabling courts to obtain and utilize the respondent's criminal and protective order history when assessing potential risks. These changes aim to provide stronger legal mechanisms to protect individuals who have sought protective orders and to deter repeated violations by imposing more significant criminal penalties for persistent offenders.

Justice

https://apps.legislature.ky.gov/record/25RS/hb38.html