As used in KRS 403.715 to 403.785:
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept
as a household pet, but does not include animals normally raised for agricultural or
commercial purposes;
(2) "Domestic violence and abuse" means:
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation,
assault, or the infliction of fear of imminent physical injury, serious physical
injury, sexual assault, strangulation, or assault between family members or
members of an unmarried couple; or
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or
the infliction of fear of such imminent conduct, taken against a domestic
animal when used as a method of coercion, control, punishment, intimidation,
or revenge directed against a family member or member of an unmarried
couple who has a close bond of affection to the domestic animal;
(3) "Family member" means a spouse, including a former spouse, a grandparent, a
grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living
in the same household as a child if the child is the alleged victim;
(4) "Foreign protective order" means any judgment, decree, or order of protection
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 that was
issued on the basis of domestic violence and abuse;
(5) "Global positioning monitoring system" means a system that electronically
determines a person's location through a device worn by the person which does not
invade his or her bodily integrity and which transmits the person's latitude and
longitude data to a monitoring entity;
(6) "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;
(7) "Order of protection" means an emergency protective order or a domestic violence
order and includes a foreign protective order;
(8) "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, or
sexual abuse under KRS Chapter 510 or incest under KRS 530.020, or a criminal
attempt, conspiracy, facilitation, or solicitation to commit rape, sodomy, sexual
abuse, or incest;
(9) "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or a
criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of
strangulation; and
(10) "Substantial violation" means criminal conduct which involves actual or threatened
harm to the person, family, or property, including a domestic animal, of an
individual protected by an order of protection.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 34, sec. 1, effective June 29, 2023; and ch. 109,
sec. 3, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 158, sec. 1, effective
July 14, 2022. -- Amended 2021 Ky. Acts ch. 175, sec. 4, effective April 1, 2021. --
Amended 2019 Ky. Acts ch. 183, sec. 3, effective June 27, 2019. -- Amended 2015
Ky. Acts ch. 102, sec. 2, effective January 1, 2016. -- Amended 2010 Ky. Acts ch.
170, sec. 1, effective July 15, 2010. -- Amended 1992 Ky. Acts ch. 172, sec. 2,
effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 258, sec. 4, effective July 15,
1988. -- Created 1984 Ky. Acts ch. 152, sec. 2, effective July 13, 1984.
Legislative Research Commission Note (6/29/2023). This statute was amended by 2023
Ky. Acts chs. 34 and 109, which do not appear to be in conflict and have been
codified together.
Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 170, sec. 20,
provides that the amendments made to KRS 15.334, 403.720, 403.735, 403.740,
403.750, 431.005, 431.517, 431.518, 431.520, 533.030, and 533.250 and the creation
of KRS 67.372, 67.374, 403.741, 403.743, 403.747, 403.761, 403.762, and 511.085
in that Act shall be known as the "Amanda Ross Domestic Violence Prevention Act."
Notes of Decisions
Cited in
219
cases (
135 in the last 5 years), 1995–2026 · leading case:
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
· cites it 12× “050, the statute authorizing the use of physical force in self-protection, was amended to add a new subsection (3): Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.”
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
· cites it 9× “, indicating a total lack of "imminent fear" as required by KRS 403.720. Finally, the motion noted the trial court had acknowledged from the bench there were no allegations as to Robin or A.”
Commonwealth v. Vincent, 70 S.W.3d 422 (Ky. 2002).
· cites it 14× “projectile may be discharged that is readily capable of producing death or other serious physical injury, the person shall not be eligible for probation, shock probation, or conditional discharge, except when the person establishes that the person against whom the weapon was…”
Pennington v. Marcum, 266 S.W.3d 759 (Ky. 2008).
· cites it 4× “observe visitation, child support, or other provisions of the decree which affect the child, except that modification of custody orders shall not be made solely on the basis of failure to comply with visitation or child support provisions, or on the basis of which parent is more…”
Commonwealth v. Anderson, 934 S.W.2d 276 (Ky. 1996).
· cites it 5× “Wilson, that Anderson was a victim of domestic violence as defined in KRS 403.720. The Court of Appeals held that the trial court erred by requiring Anderson to prove her allegations by a “preponderance of the evidence” standard, and vacated the trial court order, remanding the…”
Caudill v. Caudill, 318 S.W.3d 112 (Ky. Ct. App. 2010).
· cites it 3× “The definition of domestic violence and abuse, as expressed in KRS 403.720(1), includes “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…”
Jacobs v. Commonwealth, 947 S.W.2d 416 (Ky. Ct. App. 1997).
· cites it 9× “projectile may be discharged that is readily capable of producing death or other serious physical injury, the person shall not be eligible for probation, shock probation, or conditional discharge, except when the person establishes that the person against whom the weapon was…”
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012).
· cites it 6× “[t]he person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720.” KRS 403.720(1) defines an act of domestic violence as an “assault .”
Fenwick v. Fenwick, 114 S.W.3d 767 (Ky. 2003).
· cites it 4× “o observe visitation, child support, or other provisions of the decree which affect the child, except that modification of custody orders shall not be made solely on the basis of failure to comply with visitation or child support provisions, or on the basis of which parent is…”
Barnett v. Wiley, 103 S.W.3d 17 (Ky. 2003).
· cites it 4× “Likewise, we believe that the six factors discussed in Kellogg are relevant in determining whether two people are “living together” within the meaning of KRS 403.720. But under the plain language of the statute, there must be, at a minimum, proof that the petitioner seeking a…”
Abdur-Rahman v. Peterson, 338 S.W.3d 823 (Ky. Ct. App. 2011).
· cites it 6× “320 [4] which states in part: "(2) If domestic violence and abuse, as defined in KRS 403.720, has been alleged, the court shall, after a hearing, determine the visitation arrangement, if any, which would not endanger seriously the child's or the custodial parent's physical,…”
Collett v. Dailey, 371 S.W.3d 777 (Ky. Ct. App. 2011).
· cites it 6× “James contends that the family court erred by finding that he committed acts of domestic violence or abuse against Hazel within the meaning of KRS 403.720. James specifically asserts the family court’s finding of domestic violence or abuse is not supported by a sufficient…”
— Ky. Rev. Stat. § 403.720(1) — 86 cases
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
“, indicating a total lack of "imminent fear" as required by KRS 403.720. Finally, the motion noted the trial court had acknowledged from the bench there were no allegations as to Robin or A.”
Caudill v. Caudill, 318 S.W.3d 112 (Ky. Ct. App. 2010).
“The definition of domestic violence and abuse, as expressed in KRS 403.720(1), includes “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…”
Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999).
“050, the statute authorizing the use of physical force in self-protection, was amended to add a new subsection (3): Any evidence presented by the defendant to establish the existence of a prior act or acts of domestic violence and abuse as defined in KRS 403.”
Collett v. Dailey, 371 S.W.3d 777 (Ky. Ct. App. 2011).
“James contends that the family court erred by finding that he committed acts of domestic violence or abuse against Hazel within the meaning of KRS 403.720. James specifically asserts the family court’s finding of domestic violence or abuse is not supported by a sufficient…”
— Ky. Rev. Stat. § 403.720(2) — 25 cases
— Ky. Rev. Stat. § 403.720(2)(A) — 1 case
— Ky. Rev. Stat. § 403.720(2)(a) — 39 cases
— Ky. Rev. Stat. § 403.720(2)(b) — 1 case
— Ky. Rev. Stat. § 403.720(3) — 13 cases
Barnett v. Wiley, 103 S.W.3d 17 (Ky. 2003).
“Likewise, we believe that the six factors discussed in Kellogg are relevant in determining whether two people are “living together” within the meaning of KRS 403.720. But under the plain language of the statute, there must be, at a minimum, proof that the petitioner seeking a…”
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
“, indicating a total lack of "imminent fear" as required by KRS 403.720. Finally, the motion noted the trial court had acknowledged from the bench there were no allegations as to Robin or A.”
— Ky. Rev. Stat. § 403.720(4) — 2 cases
Wright v. Commonwealth, 391 S.W.3d 743 (Ky. 2012).
“[t]he person is fleeing immediately after committing an act of domestic violence as defined in KRS 403.720.” KRS 403.720(1) defines an act of domestic violence as an “assault .”
— Ky. Rev. Stat. § 403.720(5) — 5 cases
— Ky. Rev. Stat. § 403.720(6) — 8 cases
— Ky. Rev. Stat. § 403.720(7) — 1 case
— Ky. Rev. Stat. § 403.720(8) — 1 case
— Ky. Rev. Stat. § 403.720(9) — 1 case
Annotations are extracted automatically from the opinions in the
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