Kentucky 2023 Regular Session

Kentucky Senate Bill SB265

Introduced
2/21/23  
Refer
2/21/23  

Caption

AN ACT relating to protective orders.

Impact

If enacted, SB265 would have significant implications for state laws relating to domestic violence and protective measures. The bill establishes detailed processes that courts must follow when issuing protective orders, including specific findings that may allow a judge to restrict an individual's access to firearms. This aims to improve safety for victims and create more consistent enforcement of protective measures across the state. Furthermore, the bill articulates the possibility of counseling for both parties involved, potentially addressing underlying issues of interpersonal violence.

Summary

SB265 aims to amend existing laws concerning protective orders in cases of domestic violence and interpersonal violence. The proposed changes would enhance the criteria under which courts can issue protective orders, including provisions for restraining orders that prevent an individual from contacting or coming near the victim. This legislation focuses on ensuring victims are safeguarded from potential harm by providing clear legal recourse via protective measures, which may include the prohibition of weapon possession by the respondent.

Sentiment

The sentiment regarding SB265 is likely to be mixed. Supporters advocate for the bill as a necessary advancement in protecting vulnerable individuals from violence. They argue that increasing the rigor of protective orders is essential for the well-being of victims. However, there might be concerns from opponents who believe that the bill could infringe on individual rights, especially regarding firearm possession. The debate hints at the delicate balance between protecting individuals from violence and respecting the rights of those accused.

Contention

Notable points of contention surrounding SB265 include discussions on the criteria for restricting firearms and the potential subjective nature of 'threatening behavior' assessments by judges. Critics may argue that the bill distinguishes between different types of violence inadequately and raises concerns about due process for individuals who are accused but not convicted. Additionally, the definition of 'dating violence' and the scope of protective orders remain topics of heated debate, particularly in how they may affect legal proceedings and the broader implications for gun rights.

Companion Bills

No companion bills found.

Previously Filed As

KY SB245

AN ACT relating to protective orders.

KY HB705

AN ACT relating to protective orders.

KY HB710

AN ACT relating to lifetime orders of protection.

KY SB46

AN ACT relating to protective orders.

KY SB54

AN ACT relating to expiration of protective orders.

KY HB330

AN ACT relating to firearms possession by domestic abusers.

KY HB440

AN ACT relating to protective orders involving minors.

KY HB319

AN ACT relating to interpersonal violence.

KY HB307

AN ACT relating to paternity in domestic violence actions.

KY HB596

AN ACT relating to petitions for orders of protection.

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