KY governor signs bill to increase penalty for repeatedly violating restraining orders
Kentucky Gov. Andy Beshear on Monday signed a bill to strengthen penalties for people who repeatedly violate restraining orders.
The bill, House Bill 38, makes it a Class D felony if someone violates a restraining order three times in five years. 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 the General Assembly unanimously in both chamber.
Mary Ann Pratt, of Taylorsville, testified last month at a House Committee 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.
Pratt was the first to contact Tipton to advocate for change. When the bill passed, she was standing in the Capitol gallery as lawmakers applauded her.
In a statement to the Herald-Leader, Pratt said for years, she lived in fear, feeling isolated and powerless. But as the bill passed, she said, she reclaimed her strength and voice.
“No one should have to live in fear, and no one is ever truly alone,” she said. “I am grateful to Rep. Tipton, Sen. (Aaron) Reed, the Attorney General’s office, and the entire Kentucky Legislature for listening, taking action and helping make this possible.
“The passage of HB 38 strengthens protections for survivors, ensuring that orders of protection are enforced with the seriousness they deserve. This legislation is a vital step toward safeguarding those at risk and holding offenders accountable,” Pratt said.
At the original committee hearing, Pratt testified through tears about 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.
Pratt 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 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.
On March 12, Attorney General Russell Coleman said Kentucky takes the protection of victims of domestic violence seriously.
“This legislation will give new tools to law enforcement and prosecutors to deter repeated criminal activity and keep Kentucky families safe,” Coleman said. “I’m grateful for the leadership of Chairman (Sen. Brandon) Storm, Chairman Tipton and all the members of our General Assembly for taking this strong step for victims and their families.”
If you have been a victim of a crime, contact the Attorney General’s Victim Resource and Referral Line at 800-372-2551.
