KY House passes bill that would increase penalty for repeatedly violating restraining orders
In a move that could bolster the protection of domestic violence victims, Kentucky lawmakers have advanced a bill to enhance punishments for people who repeatedly violate restraining orders.
The House of Representatives passed House Bill 38 Tuesday, which would make a third offense for violating a restraining order within five years a Class D felony. It was previously a Class A misdemeanor — the same as the first two offenses.
The bill was introduced by Rep. James Tipton, a Republican from Taylorsville, and passed with a unanimous vote in the Kentucky House.
“A protection order is more than just a piece of paper. It is a critical shield for those in danger,” Tipton said in a statement. “By enforcing stricter penalties, we would ensure that victims can trust in the law to provide real protection and deter those who would seek to violate it.”
The bill now heads to the Kentucky Senate.
One woman testified to a House Committee Feb. 12 that Kentucky’s lax laws for violating restraining orders allowed her ex-husband to repeatedly harass and threaten her even though she had taken legal action.
The Herald-Leader is identifying the woman only as M.A. because she is a victim of domestic violence.
Through tears, the woman recounted her abuse and subsequent harassment, which continued even after her ex-husband was arrested. He was repeatedly released on bond or probation, sometimes just days into monthslong sentences, she said.
M.A. had a restraining order against the ex-husband, and he wore an ankle monitor to track his movements, but he still waited outside her home, she said.
He sent her letters from jail and created multiple fake social media profiles in attempts to contact her, she testified.
Each time he was re-arrested and charged with a probation violation — a misdemeanor that carries a sentence of 12 months. By state statute, multiple misdemeanor offenses get lumped into a one-year sentence.
“When does it stop? When do I get to actually sleep? And when will my voice, and everyone else’s voice, be heard?” She said.
Tipton noted the bill could affect Kentucky’s already overcrowded jails and prisons. But, he said, the bill is essential to protect victims.
Attorney General Russell Coleman applauded the bill’s passage and said domestic violence is one of the most serious threats to the state.
“By increasing penalties for offenders and better protecting victims, we can give new tools to prosecutors, victims advocates and law enforcement,” Coleman said in an emailed statement. “I look forward to working closely with Senators to pass meaningful legislation to deter this criminal conduct and keep Kentucky families safe.”
If you have been a victim of a crime, contact the Attorney General’s Victim Resource and Referral Line at 800-372-2551.
This story was originally published February 20, 2025 at 5:00 AM.
