Emergency Protective Orders in Kentucky

If you have been attacked or feel threatened by a spouse, family member, boyfriend or girlfriend you have lived with, or the parent of your children you should file an emergency protective order against them to prevent them from contacting you in the future. As your Louisville Attorney I have prosecuted and defended these actions in family court. I can help you get the result you want from as you Kentucky Family Law Attorney.

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

(1) Upon the 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 action taken or denied and the reason for it.

(5) If the court determines that the petitioner is not eligible for an emergency
protective order, the court shall inform the petitioner of the petitioner’s ability to
contact the county attorney as provided in KRS 403.743.

(6) 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, whichever is earlier. After notice of the
existence and terms of the order is given to the respondent, a peace officer or
the 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.