House Judiciary panel adopts substitute for HB 38 to raise penalty for repeated protective-order violations

The House Judiciary Committee adopted a committee substitute for House Bill 38 that would elevate a third violation of an order of protection to a Class D felony when the violation involves the attempted use of physical force or the threat of physical harm, sponsors and witnesses told the panel.

Representative James Tipton, House District 53, the bill sponsor, told the committee the substitute narrows the bill so the felony escalation applies when repeated violations are tied to the same protective order and the same individual. "Currently, if there is a violation of an order of protection, it is a class A misdemeanor," Tipton said. "What this legislation does on the third violation of an order of protection ... that would move up to a class D felony." The committee adopted the substitute by voice vote; the motion and second were not named in the record.

The bill’s purpose, Tipton and a survivor who spoke said, is to protect people who face repeated, escalating harassment after courts issue orders limiting contact. Mary Anne Pratt, who identified herself as a survivor of domestic violence, described a series of incidents she said began with an assault on Dec. 18, 2022, and continued through repeated contacts and online harassment…