Abused Seek More Defense Legislature Will Be Asked To Toughen State’s Domestic Violence Laws

P.J. Miller says the protection order she depended on failed to live up to its name.

Although the protection order demanded that he stay away, she says the man who physically and emotionally abused her for years still came to her home.

On Wednesday, Miller said she believes her abuser might have thought twice before violating her protection order had Idaho law been stronger.

“We need to keep domestic violence from escalating,” said Holladay Sanderson, acting director of the Coeur d’Alene Women’s Center. “Allowing violation after violation of a protection order to occur merely reinforces to both the batterer and society that domestic violence is OK.”

Both Sanderson and Miller say Idaho law needs stiffer penalties for those who repeatedly violate protection orders.

At a press conference Wednesday, Sanderson announced several proposed changes to domestic violence laws that she hopes the Legislature will pass.

The Idaho Coalition Against Sexual and Domestic Violence, with the Idaho Women’s Network, will propose the following changes in the way protection orders are handled:

The second violation of a protection order will be increased from a misdemeanor to a felony.

Victims who are merely dating a batterer will be allowed to apply for a protection order. Under current law they can not.

A victim will not have to renew their protection order for a year, rather than after three months.

A judge will not give “mutual protection orders” in which the batterer, as well as the victim, is granted a protection order.

Protection orders prohibit a batterer from hurting or coming near their victims and sometimes the victim’s children. They also can prohibit batterers from calling, writing or contacting the victim through a third person.

“The protection orders are the first order of defense for a battered woman,” Sanderson said, explaining why such an emphasis is being placed on strengthening these court orders.

Idaho began using them in mid-1988. In fiscal year 1990, 3,004 people applied for protection orders. That more than doubled by last year to 6,504 applicants.

“But the protection order is only as good as the way it’s enforced,” Sanderson said.

In both Idaho and Washington, it’s a misdemeanor crime for a batterer to violate a protection order, punishable by no more than a year in jail.

The proposed change in the law would make the second offense a felony, punishable by more than a year.

Kootenai County Prosecutor Bill Douglas said the felony charge would give the law “more teeth.”

“I believe violators will think twice before pursuing their victims,” Miller said.

Some law enforcement officials said they would like to see the protection orders revamped. Often the orders are vague, the critics said.

For example, the form lists the distance a batterer is supposed to stay away from his victim in blocks. Magistrate Judge Eugene Marano points out that blocks vary greatly from one place to another.

Both victims’ advocates and police officials say allowing people in dating relationships to apply for protection orders also is an important change.

“After one or two dates one person may decide they don’t want to see the other person and the other person turns violent because of the rejection,” said Kootenai County Sheriff’s Lt. Ben Wolfinger. “We need some tool to deal with that.”

Under the current law, only those who are married, have been married, live together or have a child in common can apply for a protection order.