For years, those who have lost loved ones to domestic violence by an ex-boyfriend or ex-girlfriend have sought to change the laws in Kentucky. Up until recently, only people who had been married, who had lived together, or had a child in common, could receive protection in a domestic emergency. Social Service agencies who work to protect victims of domestic violence have had their hands tied in cases where there was only a dating relationship, even though according to the CDC, 638,000 Kentucky women were stalked, raped or suffered some form of physical attack by a romantic partner as of 2010.
The state of Kentucky has now responded to this problem by passing a new law, House Bill 8 that gives enhanced protection to victims of Domestic Violence. The law went into effect on Jan 1, 2016. The new law allows those in a dating relationship to have the same protection as married people and parents. We know domestic violence is not dependent on age, marital status, or parental status, so this law will fill in the gap that previous services did not address. Up until now the only recourse was to attempt to file criminal charges which did not help with the immediate emergency need, and often ended with too little too late.
For years those involved in domestic abuse have been advocating for this change that will bring Kentucky up to date with most other states in the country in protecting people in dating relationships. In addition to Emergency Protective Orders (EPOs) we will now have Interpersonal Protective Orders (IPOs) thanks to House Bill 8. The problems in dating protection have been brought up in the last nine legislative sessions, but were finally resolved when House Bill 8 passed in early 2015, and became law on January 1, 2016.
Judges across Kentucky have been receiving training on the new law which requires judges to define who is in a dating relationship. Criteria have been laid out to give the courts more power in determining and defining this relationship. The main difference to the victim is the addition of a new check box on the original EPO form. In other states the process has run smoothly once they added protection for dating relationships, so no major problems are anticipated.
People who seek protection from an abuser no longer need to be married or living together to get what they need. This is great news to families who have lost loved ones to a former dating partner, because the system was unable to protect their family member. Now more protection is available to victims of dating violence who are being stalked or abused. Many believe this “dating violence act” will save lives.
If you are in need of protection, the professionals at Clark Law Office can help advise you on the best course of action. They have extensive courtroom experience and will help to resolve the matter as quickly as possible.
