FRANKFORT – Senator Denise Harper Angel, D-Louisville, has filed legislation (Senate Bill 109) that would allow dating partners to obtain domestic violence protective orders.
“Domestic violence affects every community across our country,” said Senator Harper Angel. “It crosses all races, social and economic backgrounds, cultures, religions and relationship types. It does not just affect married partners. Unfortunately, we live in a world where dating partners sometimes pose the threat.”
In its past efforts to protect victims of domestic violence, Kentucky led the nation in designing an accessible and understandable entrance to the courthouse to apply for an order of protection. Today, the EPO/DVO system is well established, and is mirrored in the laws of many of our sister states.
“Unfortunately, Kentucky has now fallen behind 39 other states in protecting victims of dating violence,” said Senator Harper Angel.
Current Kentucky law requires victims to have either lived with or had a child with their abusers. If they have only dated, regardless of the degree of physical intimacy involved, the EPO/DVO system is barred to victims. SB 109 opens the door to victims who have been battered and abused by their boyfriend or girlfriend.
The legislation’s definition of a dating relationship zeros in on actual romantic relationships and excludes ordinary work or social interaction: “’Dating relationship’ means a relationship between individuals who have or have had a relationship of a romantic or intimate nature, but does not include a casual acquaintanceship or ordinary fraternization in a business or social context. The existence of a dating relationship shall be determined based on consideration of the length and nature of the relationship and the frequency and type of interaction between the persons involved in the relationship.”
Approximately 1.3 million women and 835,000 men are physically assaulted by an intimate partner annually in the United States, according to the Commission on Domestic Violence. Not all of those victims are married to, live with or have a child with their abusers.
The order does not wrap a victim in a shield of protection, but victim advocates say it does put a halt to some abusers and gives officers more latitude to make an arrest. An arrest can be made without a warrant in such instances as when there is probable cause that a restraining order has been violated.
Reports from the Commission on Domestic Violence indicate that approximately 86 percent of the women who received a protective order state that the abuse either stopped or was greatly reduced.
“This is a serious problem in our country and our state,” said Senator Harper Angel. “We need to take real stringent measures to reduce the statistics of violent crimes against all relationship partners. This legislation at least allows dating partners the same protection as martial partners and family members.
In terms of mechanics, SB 109 does not invent anything new. All of the current procedures for applying for relief, the court process for hearing the case, and the forms of relief available in an order are unchanged. Retraining of court personnel, law enforcement, and social services is minimal. The only change is that persons who are beaten by their boyfriend or girlfriend may now access the system and receive the same police protection.
“Sadly, dating violence starts at an early age. The 18 to 24-year-old group is where the majority of violence is committed by a boyfriend or girlfriend,” she added.
Furthermore, approximately one in every five females in high school reports being physically/or sexually abused by a dating partner, according to the Commission on Domestic Violence. A study of eighth and ninth graders revealed that 25 percent reported being victims of dating violence.
Senator Harper Angel, who represents the 35th District, has served in the State Senate since 2005.
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