Bill protecting subjects of protective orders to be reworked

A senate bill that proposes to include a criminal penalty for petitioners of a protective order who contact and harass the subject of the order was held by the bill's sponsor Wednesday.

SB154, sponsored by Sen. Scott McCoy, D-Salt Lake, proposes to charge persons with a class A misdemeanor if they intentionally induce, entice or provoke someone into violating a protective order, if they petitioned for that order.

During discussion before the Senate Judiciary, Law Enforcement and Criminal Justice Standing Committee, McCoy said the bill was in response to several citizens who had been subjected to a protective order only to be harassed by the petitioner.

Stewart Ralphs, director of Legal Aid Society of Salt Lake, which offers free legal aid for victims of domestic violence, spoke in opposition to the bill on behalf of his organization and for the Utah Domestic Violence Council. Ralphs said the bill would punish victims of domestic violence by charging them with a crime for what could be an innocent mistake in contacting their abuser.

Ralphs did say there are examples of petitioners who use protective orders "as a sword rather than as a shield" to get back at others.

Lawmakers agreed that something needs to be done with those who abuse protective orders but they did not think charging a crime was the answer. Some lawmakers proposed having the court pull a protective order if it's found that the petitioner is harassing their alleged abuser.

McCoy moved to have the bill held while he works on amending the bill.

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