Abuse Laws
Kentucky
2001
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links by statute.
Kentucky Revised Statutes:
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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