jurisdiction -- Protocols for access and supplemental jurisdiction -- Referral.
(1) A petition for an order of protection may be filed by:
(a) A victim of domestic violence and abuse; or
(b) An adult on behalf of a victim who is a minor otherwise qualifying for relief
under this subsection.
(2) The petition may be filed in the victim's county of residence or a county where the
victim has fled to escape domestic violence and abuse.
(3) The petition shall be verified and contain:
(a) The name, age, address, occupation, residence, and school or postsecondary
institution of the petitioner;
(b) The name, age, address, occupation, residence, and school or postsecondary
institution of the person or persons who have engaged in the alleged act or
acts complained of in the petition;
(c) The facts and circumstances which constitute the basis for the petition;
(d) The date and place of the marriage of the parties, if applicable; and
(e) The names, ages, and addresses of the petitioner's minor children, if
applicable.
(4) The petition shall be filed on forms prescribed by the Administrative Office of the
Courts and provided to the person seeking relief by the circuit clerk or by another
individual authorized by the court to provide and verify petitions in emergency
situations, such as law enforcement officers, Commonwealth's or county attorneys,
and regional rape crisis centers or domestic violence shelters.
(5) All petitions requested, completed, and signed by persons seeking protection under
this chapter shall be accepted and filed with the court.
(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between
the District Court and Circuit Court and a petition may be filed by a petitioner
in either court, except that a petition shall be filed in a family court if one has
been established in the county where the petition is filed.
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access
to orders of protection in each county with any protocol, whether statewide or
local, being subject to Supreme Court review and approval of the initial
protocol and any subsequent amendments. This protocol may allow for
petitions to be filed in or transferred to a court other than those specified in
paragraph (a) of this subsection.
(c) The Court of Justice may authorize by rule that petitions in a specific county
be filed in accordance with a supplemental jurisdictional protocol adopted for
that county. This protocol may provide for petitions to be filed in or
transferred to a court other than those specified in paragraph (a) of this
subsection.
(d) 1. In addition to the protocols for twenty-four (24) hour access established
under paragraphs (b) and (c) of this subsection, before January 1, 2019,
the Court of Justice shall provide protocols for filing, including
electronic filing, of petitions for orders of protection at those regional
rape crisis centers designated under KRS 211.600, or regional domestic
violence shelters designated under KRS 209A.045, that elect to
participate in any county's twenty-four (24) hour access protocol.
2. These protocols shall be subject to Supreme Court review for approval
of the initial protocol and any subsequent amendments.
(7) Any judge to whom a petition is referred under subsection (6) of this section shall
have full authority to review and hear a petition and subsequently grant and enforce
an order of protection.
(8) If the judge of a court in which there is a pending request for modification or
enforcement of an existing order of protection is unavailable or unable to act within
a reasonable time, the proceedings may be conducted by any judge of the county in
accordance with court rules.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 115, sec. 6, effective July 14, 2018. -- Repealed
and reenacted 2015 Ky. Acts ch. 102, sec. 3, effective January 1, 2016. -- Amended
1996 Ky. Acts ch. 99, sec. 1, effective July 15, 1996. -- Amended 1992 Ky. Acts ch.
172, sec. 3, effective July 14, 1992; and ch. 414, sec. 4, effective July 14, 1992. --
Created 1984 Ky. Acts ch. 152, sec. 3, effective July 13, 1984.
Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch.
115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System
Act. This statute was amended in Section 6 of that Act.
Notes of Decisions
Cited in
39
cases (
16 in the last 5 years), 1995–2026 · leading case:
Holt v. Holt
Holt v. Holt (2015)
kyctapp · cites it 5×
“” We are of the opinion *811 that such language is clear — while family court is the primary forum for matters concerning domestic violence and abuse, the district court has concurrent jurisdiction to enter protective orders under KRS 403.725. Use of the term “primary forum”…”
Spencer v. Spencer (2006)
kyctapp · cites it 5×
“Yet the language of KRS 403.725 clearly envisions a court granting a protective order when a victim of domestic abuse has fled to this state.”
Gomez v. Gomez (2008)
kyctapp · cites it 3×
“” We are of the opinion that such language is clear — while family court is the primary forum for matters concerning domestic violence and abuse, the district court has concurrent jurisdiction to enter protective orders under KRS 403.725. Use of the term “primary forum” clearly…”
Hunter v. Mena (2010)
kyctapp · cites it 3×
“KRS 403.725 permits any person “who is a resident of this state or has fled to this state to escape domestic violence” to file a verified petition for a protective order.”
Barnett v. Wiley (2003)
ky · cites it 2×
“KRS 403.725 states that “[a]ny family member or member of an unmarried couple” may file a petition for a protective order under the domestic violence statutes.”
Castle v. Castle (2019)
kyctapp
“DVOs have been around since 1992. KRS 403.740. A DVO may be sought by "a victim of domestic violence and abuse" or by an adult on behalf of a minor qualifying for such relief.”
Benson v. Lively (2018)
kyctapp · cites it 2×
“Additionally, the parties were in an intimate sexual relationship over the course of six years.”
Wright v. Wright (2005)
kyctapp
“]” Upon review of a petition filed pursuant to KRS 403.725 and 403.730, the court may enter an EPO if it determines that the allegations “indicate the presence of an immediate and present danger of domestic violence and abuse[.”
Bissell v. Baumgardner (2007)
kyctapp
“” KRS 403.725(1). Unlike the residency requirements to establish home-state jurisdiction under the UCCJEA, there is no minimum time period to establish residency for a protective order.”
Randall v. Stewart (2007)
kyctapp · cites it 3×
“But under the plain language of the statute, there must be, at a minimum, proof that the petitioner seeking a DVO shares or has shared living quarters with the respondent before a finding can be made that the two are an “unmarried couple” under KRS 403.725. Id. The Supreme Court…”
Wood v. Commonwealth (2005)
ky
“Jones lacked standing to seek the EPO against Wood as he is not a “family member” or “member of an unmarried couple” as set forth in KRS 403.725. Further, Wood submits that the use of an EPO as an aggravator generally violates principles of due process because such orders are…”
— Ky. Rev. Stat. § 403.725(1) — 12 cases
Spencer v. Spencer (2006)
kyctapp
“Yet the language of KRS 403.725 clearly envisions a court granting a protective order when a victim of domestic abuse has fled to this state.”
Holt v. Holt (2015)
kyctapp
“” We are of the opinion *811 that such language is clear — while family court is the primary forum for matters concerning domestic violence and abuse, the district court has concurrent jurisdiction to enter protective orders under KRS 403.725. Use of the term “primary forum”…”
Castle v. Castle (2019)
kyctapp
“DVOs have been around since 1992. KRS 403.740. A DVO may be sought by "a victim of domestic violence and abuse" or by an adult on behalf of a minor qualifying for such relief.”
Bissell v. Baumgardner (2007)
kyctapp
“” KRS 403.725(1). Unlike the residency requirements to establish home-state jurisdiction under the UCCJEA, there is no minimum time period to establish residency for a protective order.”
Randall v. Stewart (2007)
kyctapp
“But under the plain language of the statute, there must be, at a minimum, proof that the petitioner seeking a DVO shares or has shared living quarters with the respondent before a finding can be made that the two are an “unmarried couple” under KRS 403.725. Id. The Supreme Court…”
— Ky. Rev. Stat. § 403.725(1)(a) — 2 cases
— Ky. Rev. Stat. § 403.725(1)(b) — 4 cases
— Ky. Rev. Stat. § 403.725(2) — 3 cases
— Ky. Rev. Stat. § 403.725(3) — 5 cases
Hunter v. Mena (2010)
kyctapp
“KRS 403.725 permits any person “who is a resident of this state or has fled to this state to escape domestic violence” to file a verified petition for a protective order.”
— Ky. Rev. Stat. § 403.725(3)(c) — 3 cases
— Ky. Rev. Stat. § 403.725(4) — 3 cases
Gomez v. Gomez (2008)
kyctapp
“” We are of the opinion that such language is clear — while family court is the primary forum for matters concerning domestic violence and abuse, the district court has concurrent jurisdiction to enter protective orders under KRS 403.725. Use of the term “primary forum” clearly…”
Holt v. Holt (2015)
kyctapp
“” We are of the opinion *811 that such language is clear — while family court is the primary forum for matters concerning domestic violence and abuse, the district court has concurrent jurisdiction to enter protective orders under KRS 403.725. Use of the term “primary forum”…”
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