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kentucky abuse laws and abuse shelters


Abuse Laws
Kentucky

2001

kentucky abuse laws and abuse shelters

Note: This page features auto-scrolling links by statute.

Kentucky Revised Statutes:

kentucky abuse laws and abuse shelters 

  

403.715 Interpretation of KRS 403.715 to 403.785 by court.

KRS 403.175 to 403.785 shall be interpreted by the courts of the Commonwealth of Kentucky to effectuate the following legislative purposes:

(1) To allow persons who are victims of domestic violence and abuse to obtain effective, short-term protection against further violence and abuse in order that their lives will be as secure and as uninterrupted as possible;

(2) To expand the ability of law enforcement officials to effectively respond to situations involving domestic violence and abuse so as to prevent further such incidents and to provide assistance to the victims;

(3) To provide peace officers with the authority to immediately apprehend and charge for violation of a protective order any person whom the officer has probable cause to believe has violated an order of protection issued under KRS 403.740 or 403.750 and to provide courts with the authority to conduct contempt of court proceedings for these violations;

(4) To provide for the collection of data concerning incidents of domestic violence and abuse in order to develop a comprehensive analysis of the incidence and cause of such violence and abuse; and

(5) Nothing in KRS 403.715 to 403.785 shall be interpreted to repeal or supplant and duties, responsibilities, services, or penalties under KRS Chapters 209 or 620.

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kentucky abuse laws and abuse shelters 

403.720 Definitions for KRS 403.715 to 403.785.

As used in KRS 403.715 to 403.785:

(1) "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple;

(2) "Family member" means a spouse, including a former spouse, a parent, a child, a stepchild, or any person related by consanguinity or affinity within the second degree; and

(3) "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.

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 kentucky abuse laws and abuse shelters

403.725 Petition, who may file - Protective orders.

(1) Any family member or member of an unmarried couple who is a resident of this state or has fled to this state to escape domestic violence or abuse may file a verified petition in the District Court of the county in which he resides. If the petitioner has left his usual place of residence within this state in order to avoid domestic violence and abuse, the petition may be filed and proceedings held in the District Court in the county of his usual residence or in the District Court in the county of current residence. Any family member or member of an unmarried couple who files a petition foe emergency protective order in District or Circuit Court shall make known to the court any custody or divorce actions, involving both the petitioner and the respondent, that are pending in any Circuit Court in the Commonwealth. The petitioner shall also include the name of the court where filed.

(2) Any family member or member of an unmarried couple, as those terms are defined in KRS 403.720, may file and receive protection under KRS 403.715 to KRS 403.785, notwithstanding the existence of or intent to file an action in the Circuit Court by either party under the provisions of this chapter.

(3) A petition filed pursuant to subsection (1) of this section may be filed by the family member or member of an unmarried couple seeking relief or by an adult family member or member of an unmarried couple on behalf of a minor family member.

(4) If a family member files an action for dissolution of marriage or child custody in Circuit Court, the Circuit Court shall have jurisdiction to issue a protective order upon the filing of a verified motion therein either at the commencement or during the pendency of the action in Circuit Court pursuant to the provisions of KRS 403.715 to 403.785.

(5) No Circuit or District Court shall require mediation, conciliation, or counseling prior to or as a condition of issuing an emergency protective order or domestic violence order.

(6) When the elected, appointed, or special judge of the district is absent from the district, otherwise unavailable. or unable to act, any Circuit Judge shall have the authority to issue an emergency protective order pursuant to KRS 403.730 to KRS 403.785. If a Circuit Court Judge issues an emergency protective order, except as otherwise provided in this section, that judge shall conduct the hearing as require by KRS 403.745 and any order issued shall be enforced as provided for in this chapter.

(7) During any hearing in Circuit Court on dissolution of marriage, child custody, or visitation, at which both parties are present or represented by counsel, the Circuit Court Judge shall have the authority to issue a protective order pursuant to KRS 403.750 to 403.785.

(8) Following the issuance of a protective order under this section, if the judge who issued the order is absent from the district, otherwise unavailable, or unable to conduct proceedings regarding the enforcement, violation, or modification of the order within a reasonable time, the proceedings shall be conducted by any District Court of Circuit Court Judge.

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 kentucky abuse laws and shelters

403.730 Petition - Contents - Form - Filling fee.

(1) A petition filed Pursuant to KRS 402.725 shall be verified and shall contain,

(a) The name, age, address, occupation, and residence of the petitioner;

(b) the name, age, address, occupation, and residence of the person or persons who have engaged in the alleged act or acts of domestic violence and abuse;

(c) The facts and circumstances which constituted the alleged domestic violence and abuse;

(d) The date and place of marriage of the parties, if applicable; and

(e) The names, ages, and addresses of the parties’ minor children, if applicable.

(2) The petition shall be filed on forms prescribed by the Administration Office of the Courts and provided to the person seeking relief under KRS 403.715 to 403.785 by the circuit clerk or to another individual authorized by the court to provide and verify petitions on emergency situations, such as law enforcement officers, and county or Commonwealth’s attorneys. All petitions requested, completed, and signed by persons seeking protection under the provisions of KRS 403.715 to 403.785 shall be accepted and filed.

(3) Notwithstanding any provision of law to the contrary, no filing fee or court costs shall be assessed against the petitioner in connection with filing a petition under KRS 403.725.

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kentucky abuse laws and shelters

403.735 Review by court - Access to emergency protective orders - Local protocol in domestic violence matters - Time at which orders of protection takes effect.

(1) Upon filing of a petition, as provided for in KRS 403.725, the court, after review of the petition and determining that domestic violence and abuse exists, without a jury, shall utilize one (1) of the alternatives provided for in KRS 403.740 or 403.745.

(2) A court may issue mutual protective orders only if a separate petition is filed by the respondent. Pursuant to KRS 403.740 and 403.750, the court shall then provide orders, sufficiently specific to apprise any peace officer as to which party has violated the order if there is probable cause to believe a violation of the order has occurred.

(3) (a) All courts shall provide twenty-four (24) hour access to emergency protective orders.

(b) Each court shall submit written procedures for twenty-four (24) hour accessibility to be reviewed and approved by the Kentucky Supreme Court.

(c) Each court shall establish the local protocol in domestic violence matters in which there may be joint jurisdiction between District and Circuit Court. Each court shall submit the written procedures to be reviewed and approved by the Kentucky Supreme Court.

(d) All amendments or revisions to the local procedures required pursuant to this section shall be submitted to the Kentucky Supreme Court for review and approval.

(4) If an emergency protective order is not issued, the court shall note on the petition, for the record, any actin taken or denied and the reason for it.

(5) An order of protection issued under the provisions of KRS 403.715 to 403.785 shall become effective and binding on the respondent at the time of personal service or when the respondent is given notice of the existence and terms of the order by a peace officer or the court, which ever is earlier. After notice of existence and terms of the order is given to the respondent, a peace officer or court may enforce the terms of the order, and act immediately upon any violation of the order. After notice of the order, all reasonable efforts shall be made by the peace officer or the court to arrange for personal service of the order upon the respondent.

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kentucky abuse laws 

403.740 Emergency protective order.

(1) if, upon review of the petition, as provided for n KRS 403.375, the court determines that the allegations contained therein indicate the presence of an immediate danger of domestic violence and abuse, the court shall issue, upon proper motion, ex parte, an emergency protective order:

(a) Restraining the adverse party from any contact or communication with the petitioner except that as directed by the court;

(b) Restraining the adverse party from committing further acts of domestic violence or abuse;

(c) Restraining the adverse party from disposing of or damaging any of the property of the parties;

(d) Directing the adverse party to vacate the residence shared by the parties to the action;

(e) Utilizing the criteria set forth in KRS 403.207, 403.320 and 402.420, grant temporary custody; or

(f) Enter other orders the court believes will be of assistance in eliminating future acts of domestic violence and abuse; or any combination thereof.

(2) Except as provided in KRS 403.036, if the court issues an emergency protective order pursuant to subsection (1) of this section, the court shall not order or refer the parties to mediation for resolution of the issues alleged in the petition filed pursuant to KRS 403.735.

(3) An emergency protective order issued in accordance with this section shall be issued without bond being required of the petitioner.

(4) An emergency protective order issued in accordance with this section shall be effective for a period of time fixed in the order, but not to exceed fourteen (14) days. Upon the issuance of an emergency protective order, a date for a full hearing, as provided for in KRS 403.745, shall be fixed not later than the expiration date of the emergency protective order. An emergency protective order shall be reissued for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the fixed court date and time or as the court determines necessary for the protection of the petitioner.

(5) The adverse party shall be personally served with a copy of the emergency protective order, a copy of the notice setting the full hearing, and a copy of the petition. Service may be made in the manner and by the persons authorized to serve subpoenas under the provisions of Rule 45.03 of the Rules of Civil Procedure. No service fee shall be assessed to the petitioner.

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kentucky abuse laws child 

403.745 Hearing.

(1) If, upon review of the petition as provided for on KRS 403.735, the court determines that the allegations contained therein do not indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall fix a date, time, and place, for a hearing and shall cause a summons to be issued for the adverse party.

(2) The hearing shall be fixed not later than fourteen (14) days following the issuance of the summons.

(3) the summons, together with a copy of the order fixing the date of the hearing and a copy of the petition shall be personally served upon the adverse party. Service may be made in the manner and by the persons authorized to serve subpoenas under the provisions of Rule 45.03 of the Rules of Civil Procedure.

(4) A summons may be reissued if service has not been made on the adverse party by the fixed court date and time.

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 kentucky abuse laws domestic

403.750 Court orders - Amendment.

(1) Following the hearing provided for under KRS 403.740 and 403. 745, the court, if it finds from a preponderance of the evidence that an act or acts of domestic violence and abuse have occurred and may again occur, may;

(a) Restrain the adverse party from any contact or communications with the petitioner except as directed by the court;

(b) Restrain the adverse party from committing any further acts of domestic violence and abuse;

(c) Restrain the adverse party from disposing of or damaging any of the property of the parties;

(d) Direct the adverse party to vacate the residence shared by the parties to the action;

(e)Utilizing the criteria set forth in KRS 403.270, 402.320, and 403.420, award temporary custody;

(f) Utilizing the criteria set forth in KRS 403. 211, 403.212, and 402.213, award temporary support;

(g) Direct that either or both parties receive counseling services available in the community, except that the court shall not order or refer the parties to participate in mediation for resolution of the issues alleged in the petition filed pursuant to KRS 403.715 to KRS 403.785; or

(h) Enter other orders the court believes will be of assistance in eliminating future acts of domestic violence and abuse.

(2) Any order entered pursuant to this section shall be effective for a period of time, fixed by the court, not to exceed three (3) years and may be reissued upon expiration for an additional period of up to three (3) years. The number of times an order may be reissued shall not be limited. With respect to whether an order should be reissued, any party may present to the court testimony relating to the importance of the facts that domestic violence or abuse have not occurred during the pendency of the order.

(3) Upon filing of a motion, either party may seek to amend a domestic violence order.

(4) When temporary child support is granted under the provisions of this section, the court shall enter an order detailing how the child support is to be paid and collected. The enforcement procedures for child support orders, entered pursuant to KRS 403.211, 403.212, and 403.213, including but not limited to 403.215, shall be available to temporary child support orders issued under KRS 403.715 to 403.785.

(5) Any order Pursuant to this section restraining a party or parties to an action shall be issued without bond being required of the petitioner.

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 kentucky abuse laws and abuse shelters

403.751 Statement to assist out-of -state court in determining whether protection order is entitled full faith and credit.

In order to assist a court of another state in determining whether a protective order issued in this state is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265, all protective orders issued pursuant to KRS 403.715 to 403.785 shall include a statement certifying that the issuing court had jurisdiction over the parties and the matter, and that reasonable notice and opportunity to be heard has been provided within the time required by state law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights. The Administrative Office of the Courts shall prescribe the form to be used for this purpose.

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 kentucky abuse laws

403.755 Enforcement by law enforcement agency.

(1) Upon issuance of an order authorized by KRS 403.740 or 403.750, the court shall direct the appropriate law enforcement agency to assist the petitioner in having the provisions of the order complied with.

(2) Orders issued under the provisions of KRS 403.740 or 403.750 whether an emergency protective order or an order following a hearing, shall be enforced in any county of the Commonwealth. Officers acting in good faith shall be immune from criminal and civil liability.

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 kentucky abuse laws shelters

403.760 Contempt of court.

(1) Violation of the terms or conditions of an order issued under the provisions of KRS 403.740 or 403.750, whether an emergency protective order, or an order following hearing, after the service of the order on the respondent, or notice of the order to the respondent, shall constitute contempt of court.

(2) Any peace officer having probable cause to believe a violation has occurred of an order issued under the provisions of KRS 403.740 or 403.750, whether an emergency protective order or an order following a hearing, and after service on the respondent or notice to the respondents provided under KRS 403.735, shall arrest the respondent without a warrant for violation of a protective order pursuant to KRS 500.020, 403.715, and 403.740. Following a hearing the District Court in the county in which the peace officer made the arrest for the violation may punish the violation of a protective order as a violation of a protective order.

(3) Court proceedings for contempt of court, under KRS 403.715 to 403.785, shall be held in the county where the order, whether an emergency protective order or order following hearing, was issued.

(4) Nothing in this section shall preclude the Commonwealth from prosecuting and convicting the respondent of criminal offenses other than violation of a protective order.

(5) Civil proceedings and criminal proceedings for violation of a protective order for the same violation of a protective order shall be mutually exclusive. Once either proceeding has been initiated the other shall not be undertaken regardless of the outcome of the original proceeding.

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kentucky abuse laws and domestic 

403.763 Criminal penalty for violation of protective order.

(1) A person is guilty of a violation of a protective order when he intentionally violates the provisions of an order issued pursuant to KRS 403.715 to 403.785 with which he has been served or has been given notice.

(2) Violation of a protective order is a Class A misdemeanor.

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kentucky abuse laws and abuse shelters

403.765 Certification of existence of domestic violence protective order - Efficacy of existing orders.

If, following the entry of an order authorized by KRS 403.740 or KRS 403.750, or the authentication of a foreign protective order pursuant to KRS 403.737, 403.7521, 403.7524, 403.7527, 403.7529, 403,7531, or 403.7535, the petitioner or the adverse party initiate an action in the Circuit Court under the provisions of this chapter, the party filing the petition shall certify the existence and status of any domestic violence protective orders. Unless the Circuit Court issues and serves an order pertaining to the same subject matter of an existing domestic violence order, orders of the District Court or the issuing court shall remain in effect and shall be enforced in either District or Circuit Court.

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kentucky abuse laws and abuse shelters 

403.775 Effect of petitioner’s leaving residence.

A person’s right to apply for relief under the provisions of KRS 403.725 shall not be affected by that person leaving the residence of the parties to avoid domestic violence and abuse.

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kentucky abuse laws and abuse shelters 

403.780 Testimony not admissible in criminal proceeding.

Testimony offered by an adverse party in a hearing held pursuant to the provisions of KRS 403.745 shall not be admissible in any criminal proceeding involving the same parties.

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kentucky abuse laws and abuse shelters

403.785 Duties of law enforcement agencies.

(1) Each law enforcement agency shall report all incidents of actual or suspected domestic violence and abuse within their knowledge to the Cabinet for Families and Children, Department for Community Based Services, within forty-eight (48) hours of learning of the incident or of the suspected incident.

(2) When a law enforcement officer has reason to suspect that a family member, member of an unmarried couple, or household member has been the victim of domestic violence and abuse, the officer shall use all reasonable means to prevent further abuse, including but not limited to:

(a) Remaining at the location of the domestic violence and abuse so long as the officer reasonably suspects there is danger to the physical safety of individuals present without the presence of a law enforcement officer;

(b) Assisting the victim of domestic violence and abuse in obtaining medical treatment, including transporting the victim to the nearest medical facility capable of providing the necessary treatment; and

(c) Advising the victim immediately of the rights available to them, including the provisions of KRS 403.715 to KRS 403.785.

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