Change the laws governing indefinite Protective Orders


Change the laws governing indefinite Protective Orders
The Issue
Set an automatic expiration date to protective orders and injunctions against harassment in Utah (as they already have done in most other states).
It is an automatic 5 year sentence in a Federal Penitentiary for a person to possess a firearm, regardless of the reason, while they have a protective order in place against them. A significant number of respondents, disproportionately MALES, have had their rights under the U.S. Constitution's 1st and 2nd Amendments trampled on by "protective orders" that have been in place for 5 years, 10 years, or even longer. The vast majority of states allow for an automatic cut-off after ONE year or even THREE years. Utah's law unconstitutionally allows protective orders to continue INDEFINITELY. Should a Petitioner believe s/he still needs a protective order beyond the 1 to 3 years, they should be required to apply to the court for a new protective order (before or even after the EXPIRATION of the original protective order). This is the ONLY way to be fair to the Respondent. That is also how it is done in most other states.
It may be fair for the Respondent to suffer during the initial period of the order but it is definitely not fair for the Respondent to suffer indefinitely. The Respondent can suffer the loss of his/her firearm for the 1-3 years due to his/her actions towards the Petitioner. However, indefinitely preventing a Respondent from being able to defend him/herself or work in a field of choice which requires a firearm is grossly unconstitutional.
Furthermore, the First Amendment is violated, which is fine during initial verbal harassment between the parties. However indefinite gagging of the respondent, even after the animosity is long since gone, is also a violation of his/her constitutional rights.
The undersigned agree and demand that you take immediate action to change the law(s) to set an automatic expiration after 1-3 years and make a positive change in this matter at once. Thank you.
Fix Bad LawsPetition Starter
This petition had 60 supporters
The Issue
Set an automatic expiration date to protective orders and injunctions against harassment in Utah (as they already have done in most other states).
It is an automatic 5 year sentence in a Federal Penitentiary for a person to possess a firearm, regardless of the reason, while they have a protective order in place against them. A significant number of respondents, disproportionately MALES, have had their rights under the U.S. Constitution's 1st and 2nd Amendments trampled on by "protective orders" that have been in place for 5 years, 10 years, or even longer. The vast majority of states allow for an automatic cut-off after ONE year or even THREE years. Utah's law unconstitutionally allows protective orders to continue INDEFINITELY. Should a Petitioner believe s/he still needs a protective order beyond the 1 to 3 years, they should be required to apply to the court for a new protective order (before or even after the EXPIRATION of the original protective order). This is the ONLY way to be fair to the Respondent. That is also how it is done in most other states.
It may be fair for the Respondent to suffer during the initial period of the order but it is definitely not fair for the Respondent to suffer indefinitely. The Respondent can suffer the loss of his/her firearm for the 1-3 years due to his/her actions towards the Petitioner. However, indefinitely preventing a Respondent from being able to defend him/herself or work in a field of choice which requires a firearm is grossly unconstitutional.
Furthermore, the First Amendment is violated, which is fine during initial verbal harassment between the parties. However indefinite gagging of the respondent, even after the animosity is long since gone, is also a violation of his/her constitutional rights.
The undersigned agree and demand that you take immediate action to change the law(s) to set an automatic expiration after 1-3 years and make a positive change in this matter at once. Thank you.
Fix Bad LawsPetition Starter
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The Decision Makers
Former U.S. House of Representatives
2 MembersUtah
Former US House of Representatives - Utah-1
Former US House of Representatives - Utah-2
Former US House of Representatives - Utah-1
Former US House of Representatives - Utah-2
Petitioner
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Petition created on July 23, 2015