parte emergency protective order.
(1) (a) The court shall review a petition for an order of protection immediately upon its filing. If the review indicates that domestic violence and abuse exists, the court shall summons the parties to an evidentiary hearing not more than fourteen (14) days in the future. If the review indicates that such a basis does not exist, the court may consider an amended petition or dismiss the petition without prejudice.
(b) Service of the summons and hearing order under this subsection shall be made upon the adverse party personally and may be made in the manner and by the persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil Procedure. A summons may be reissued if service has not been made on the adverse party by the fixed court date and time.
(2) (a) If the review under this section also indicates the presence of an immediate and present danger of domestic violence and abuse, the court shall, upon the filing of the petition, issue ex parte an emergency protective order that:
1. Authorizes relief appropriate to the situation utilizing the alternatives set out in KRS 403.740, other than awarding temporary support or counseling;
2. Sets forth which communications, if any, as requested by the petitioner, are authorized and which communications are unauthorized;
3. Allows either party to retrieve his or her personal belongings from the parties' shared residence and directs law enforcement to assist, if requested;
4. Expires upon the conclusion of the evidentiary hearing required by this section unless extended or withdrawn by subsequent order of the court; and
5. Does not order or refer the parties to mediation unless requested by the petitioner, and the court finds that:
a. The petitioner's request is voluntary and not the result of coercion; and
b. Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the petitioner. Nothing in this paragraph shall be interpreted to place any restriction or restraint on the petitioner.
(b) If an order is not issued under this subsection, the court shall note on the petition, for the record, any action taken or denied and the reason for it. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 143, sec. 2, effective July 14, 2022. -- Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 4, effective January 1, 2016. -- Amended 1992 Ky. Acts ch. 172, sec. 4, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 152, sec. 4, effective July 13, 1984.
Notes of Decisions
Cited in
40
cases (
32 in the last 5 years), 2011–2026 · leading case:
Abdur-Rahman v. Peterson, 338 S.W.3d 823 (Ky. Ct. App. 2011).
Abdur-Rahman v. Peterson, 338 S.W.3d 823 (Ky. Ct. App. 2011).
· cites it 4× “725, KRS 403.730, KRS 403.735, KRS 403.740, KRS 403.”
Holt v. Holt, 458 S.W.3d 806 (Ky. Ct. App. 2015).
“[[Image here]] (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…”
Clark v. Parrett, 559 S.W.3d 872 (Ky. Ct. App. 2018).
“" While a motion to alter, amend or vacate a DVO may not technically be governed by KRS 403.730(1)(b) and KRS 403.735(2)(a), to protect Parrett from potential domestic violence, we believe the family court acted properly by trying to make sure Parrett was personally served.”
Thurman v. Thurman, 560 S.W.3d 884 (Ky. Ct. App. 2018).
“However, KRS 403.730(1)(b) states that service of a summons in response to a DVO petition "shall be made upon the adverse party personally.”
Ashley v. Ashley, 520 S.W.3d 400 (Ky. Ct. App. 2017).
“740(1)- provides that “[f| oil owing a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence and abuse has occurred and may again occur, the court may issue a domestic violence or *404 der[,]” KRS 403.”
Walker v. Walker, 520 S.W.3d 390 (Ky. Ct. App. 2017).
“That provision, in relevant part, reads: “Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence and abuse has occurred and may again occur, the court may issue a domestic violence order!.”
Allen v. Gueltzow, 535 S.W.3d 333 (Ky. Ct. App. 2017).
“In this case, we find that the court failed to conduct a hearing as' required by KRS 403.730 and remand the case for a hearing consistent with Kentucky law.”
Joseph Matthew Byrdwell v. Chantele C. A. Byrdwell (Ky. Ct. App. 2022).
· cites it 11× “Particularly relevant herein, KRS 403.730 provides, in pertinent part: (1) (a) The court shall review a petition for an order of protection immediately upon its filing.”
King B. Jones, III v. Haylee Brown (Ky. Ct. App. 2024).
· cites it 6× “Appellant moved to dismiss the proceeding based on the court’s failure to conduct the DVO hearing within 2 weeks of the EPO as required by KRS 403.730. The motion was denied, and the hearing was conducted with Appellant represented by counsel and 1 The parties were not married…”
Evangeline Allen v. Byron L Newton (Ky. Ct. App. 2026).
· cites it 5× “The existence of a recent custody hearing, however comprehensive, does not obviate the family court’s obligation to conduct an evidentiary hearing under KRS 403.730 once an emergency protective order has been entered.”
Robert Walter Boss v. Anna Michelle Boss (Ky. Ct. App. 2026).
· cites it 4× “740(1) states: “Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence -10- and abuse has occurred and may again occur, the court may issue a domestic violence order[.”
Ronald Scott Arnold v. Blanche Arnold (Ky. Ct. App. 2022).
· cites it 3× “Arnold first argues that the trial court denied him a “meaningful” hearing as required by KRS 403.730(1)(a). KRS 403.730(1)(a) states that, upon receiving a petition for an order of protection, “the court shall summons the parties to an evidentiary hearing not more than fourteen…”
— Ky. Rev. Stat. § 403.730(1)(a) — 8 cases
Ronald Scott Arnold v. Blanche Arnold (Ky. Ct. App. 2022).
“Arnold first argues that the trial court denied him a “meaningful” hearing as required by KRS 403.730(1)(a). KRS 403.730(1)(a) states that, upon receiving a petition for an order of protection, “the court shall summons the parties to an evidentiary hearing not more than fourteen…”
King B. Jones, III v. Haylee Brown (Ky. Ct. App. 2024).
“Appellant moved to dismiss the proceeding based on the court’s failure to conduct the DVO hearing within 2 weeks of the EPO as required by KRS 403.730. The motion was denied, and the hearing was conducted with Appellant represented by counsel and 1 The parties were not married…”
Robert Walter Boss v. Anna Michelle Boss (Ky. Ct. App. 2026).
“740(1) states: “Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence -10- and abuse has occurred and may again occur, the court may issue a domestic violence order[.”
Evangeline Allen v. Byron L Newton (Ky. Ct. App. 2026).
“The existence of a recent custody hearing, however comprehensive, does not obviate the family court’s obligation to conduct an evidentiary hearing under KRS 403.730 once an emergency protective order has been entered.”
— Ky. Rev. Stat. § 403.730(1)(b) — 2 cases
Clark v. Parrett, 559 S.W.3d 872 (Ky. Ct. App. 2018).
“" While a motion to alter, amend or vacate a DVO may not technically be governed by KRS 403.730(1)(b) and KRS 403.735(2)(a), to protect Parrett from potential domestic violence, we believe the family court acted properly by trying to make sure Parrett was personally served.”
Thurman v. Thurman, 560 S.W.3d 884 (Ky. Ct. App. 2018).
“However, KRS 403.730(1)(b) states that service of a summons in response to a DVO petition "shall be made upon the adverse party personally.”
— Ky. Rev. Stat. § 403.730(1)(c) — 1 case
— Ky. Rev. Stat. § 403.730(2) — 1 case
— Ky. Rev. Stat. § 403.730(2)(a) — 2 cases
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