Protective orders: How Utah’s justice system fails victims


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PROVO — It’s a beautiful summer day, and the truth is Heather Wolsey would rather be anywhere but inside a courtroom.

“Today, I’m here to update my protective order.”

Days like this have become part of Wolsey’s routine.

“It’s monthly, it’s weekly, it’s all the time.”

To some, updating a form may seem like no big deal. But keep in mind, protective orders are born out of fear.

Once inside the courtroom, Commissioner Joshua Faulkner explains to Wolsey that her current protective order covers her concerns.

“It says a petitioner’s current or future vehicle, job, or home,” Faulkner told her.

Wolsey broke down in tears.

“I want my new car added here because if he comes near it I don’t want any chance he can say, ‘I didn’t know’.”

Within minutes the commissioner grants her request and updates the court order that requires her ex-husband to stay away.

Wolsey has worked hard to move on with life after the couple divorced in 2014. The mother of six had no college education and never had a career outside the home.

Since finding a job, she’s worked her way up the professional ladder and is proud of what she’s accomplished. She wants to move on from her ex-husband.

“I have tons of proof, yet I still have to prove that I need him behind bars, and I don’t think that’s fair.”

Plea deal

Wolsey has collected stacks of police reports and court documents that allege a trail of violence during their 20-year marriage. There are disturbing allegations that she was choked, punched and threatened.

She obtained a protective order in New York where the couple once lived, and a protective order in Utah where she currently resides. A Utah court also authorized a stalking injunction against her ex-husband.

This year, Ronald Wolsey was charged with multiple counts of violating court orders to stay away.

Heather Wolsey was disappointed when prosecutors offered him a plea deal.

“You told them you don’t want a plea deal?” asked KSL investigative reporter Debbie Dujanovic.

“No plea deal,” Heather Wolsey said.

This spring, her ex-husband pleaded guilty to one count of stalking and one count of violation of a protective order, both felonies, and the other charges were dismissed. A sentencing hearing is scheduled for July 21.

“This is the first time he’s been convicted of any felonies,” Ragan said.

But this isn’t the first time he’s been in court on this matter. In 2013, he was criminally charged with multiple counts of violation of a protective order and one count of stalking. A Utah County jury found him not guilty of all felony charges and guilty of one misdemeanor. He was sentenced to probation.

Ronald Wolsey was charged with multiple counts of violating court orders to stay away. (Photo: Salt Lake County Jail)
Ronald Wolsey was charged with multiple counts of violating court orders to stay away. (Photo: Salt Lake County Jail)

Protective orders: 'It’s just a piece of paper'

Utah County Deputy Attorney Sherry Ragan told KSL Investigators there was “likelihood that we would not succeed at trial.”

Based on the outcome at trial three years ago, Ragan wanted to secure a felony conviction in this new case rather than risk a disappointing outcome at a new trial.

Despite that, Ragan acknowledged there is a chance the defendant will go free the day of sentencing due to Utah sentencing guidelines.

“He’ll be sentenced similar to people with other crimes at that same level, even though, to me, domestic violence should be taken more seriously,” Ragan said.

Heather Wolsey is concerned the cycle will begin again.

“That piece of paper is not helping?” asked Dujanovic. “It’s just a piece of paper,” said Heather Wolsey.

201120122013201420152016*
*Through June 2016
**Based on case disposition denied
Information provided to KSL from the Utah District Court
Protective orders issued9,38910,81811,08311,49112,6656,696
Protective orders denied**547597562630657320
Charges for protective order violations 1,2341,1841,1271,1491,202336
Number of guilty verdicts544540534548564182

New lethality test 'will save lives'

“There was a risk of her situation being lethal,” said Kortney Hughes of the Provo Police Department.

Hughes oversees the department’s victim advocate unit.

“She is a victim of abuse,” Hughes said.

Wolsey’s case was the first time the Provo Police Department administered a new test called a Domestic Violence Lethality Screen. The department formally implemented its use in domestic violence cases this month.

“The lethality assessment is made to identify those at the greatest risk of being in a lethal situation,” Hughes explained.

The evidence-based questionnaire has been implemented in police departments across the U.S. and is designed to help law enforcement determine if a domestic situation has the potential to be deadly. It’s information that can be passed on to prosecutors and judges.

An officer asks a victim questions such as has he or she ever threatened to kill you? Has he or she ever tried to choke you?

Hughes believes the test results in the Wolsey case convinced the court to increase bail to several thousand dollars, which kept Heather’s ex-husband from bailing out of jail prior to sentencing.

“It will save lives, we’re certain of that,” Hughes said.

For now, it’s the only thing that has brought Heather Wolsey a temporary sense of safety.

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