appropriate relief and sanctions -- Continuance of hearing and emergency protective order.
(1) Prior to or at a hearing on a petition for an order of protection:
(a) The court may obtain the respondent's Kentucky criminal and protective order history and utilize that information to assess what relief and which sanctions may protect against danger to the petitioner or other person for whom protection is being sought, with the information so obtained being provided to the parties in accordance with the Kentucky Rules of Civil Procedure; and
(b) If the petitioner or respondent is a minor, the court shall inquire whether the parties attend school in the same school system to assist the court in imposing conditions in the order that have the least disruption in the administration of education to the parties while providing appropriate protection to the petitioner.
(2) (a) If the adverse party is not present at the hearing ordered pursuant to KRS 403.730 and has not been served, a previously issued emergency protective order shall remain in place, and the court shall direct the issuance of a new summons for a hearing set not more than fourteen (14) days in the future. If service has not been made on the adverse party before that hearing or a subsequent hearing, the emergency protective order shall remain in place, and the court shall continue the hearing and issue a new summons with a new date and time for the hearing to occur, which shall be within fourteen (14) days of the originally scheduled date for the continued hearing. The court shall repeat the process of continuing the hearing and reissuing a new summons until the adverse party is served in advance of the scheduled hearing. If service has not been made on the respondent at least seventy-two (72) hours prior to the scheduled hearing, the court may continue the hearing no more than fourteen
(14) days in the future. In issuing the summons, the court shall simultaneously transmit a copy of the summons or notice of its issuance and provisions to the petitioner. Upon the request of the petitioner, the court may excuse the petitioner from future court appearances until the respondent has been served.
(b) The provisions of this section permitting the continuance of an emergency protective order shall be limited to six (6) months from the issuance of the emergency protective order. If the respondent has not been served within that period, the order shall be rescinded without prejudice. Prior to the expiration of the emergency protective order, the court shall provide notice to the petitioner stating that, if the petitioner does not file a new petition, the order shall be rescinded without prejudice. Effective: June 27, 2025 History: Amended 2025 Ky. Acts ch. 75, sec. 1, effective June 27, 2025. -- Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 5, effective January 1, 2016. -- Amended 2010 Ky. Acts ch. 170, sec. 19, effective July 15, 2010. -- Amended 1996 Ky. Acts ch. 99, sec. 14, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 172, sec. 5, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 152, sec. 5, effective July 13, 1984.
Notes of Decisions
Cited in
20
cases (
10 in the last 5 years), 2007–2026 · 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× “730, KRS 403.735, KRS 403.740, KRS 403.745, KRS 403.”
Walker v. Walker, 520 S.W.3d 390 (Ky. Ct. App. 2017).
· cites it 3× “However, KRS 403.735 expressly allows courts to look back and consider prior protective orders.”
Daugherty v. TELEK, 366 S.W.3d 463 (Ky. 2012).
· cites it 2× “family court divisions of the Circuit Court provides, in relevant part: "In addition to general jurisdiction of Circuit Court, a family court division of Circuit Court shall have the following additional jurisdiction: (a) Domestic violence and abuse proceedings under KRS Chapter…”
Clark v. Parrett, 559 S.W.3d 872 (Ky. Ct. App. 2018).
· cites it 2× “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.”
Gomez v. Gomez, 254 S.W.3d 838 (Ky. Ct. App. 2008).
“(2) In addition to general jurisdiction of Circuit Court, a family court division of Circuit Court shall have the following additional jurisdiction: (a) Domestic violence and abuse proceedings under KRS Chapter 403 subsequent to the issuance of an emergency protective order in…”
Guenther v. Guenther, 379 S.W.3d 796 (Ky. Ct. App. 2012).
· cites it 2× “The entirety of the statute currently states: (1)If, upon review of the petition, as provided for in KRS 403.735, the court determines that the allegations contained therein indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall…”
Holt v. Holt, 458 S.W.3d 806 (Ky. Ct. App. 2015).
“(a) Domestic violence and abuse proceedings under KRS Chapter 403 subsequent to the issuance of an emergency protective order in accord with local protocols under KRS 403.735[.]” The following section, KRS 23A.”
Stinson v. Stinson, 381 S.W.3d 333 (Ky. Ct. App. 2012).
· cites it 2× “The notice and service requirements set forth in KRS 403.735 apply to any order of protection issued pursuant to KRS 403.”
Carpenter v. Schlomann, 336 S.W.3d 129 (Ky. Ct. App. 2011).
“740(1), which states, in relevant part: [i]f, upon review of the petition, as provided for in KRS 403.735, the court determines that the allegations contained therein indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue,…”
Manning v. Willett, 221 S.W.3d 394 (Ky. Ct. App. 2007).
· cites it 3× “KRS 403.735(2). However, this statute addresses the court’s ex parte actions upon filing of a petition and pri- or to any hearing.”
Demetrius Pennie v. Labrea Mohamed (Ky. Ct. App. 2025).
· cites it 4× “11 Mohamed also argues evidence about prior protective order history could have been properly admitted pursuant to KRS 403.735. See also Walker v. Walker, 520 S.”
Gabriel Jones v. Dorema Heavner (Ky. Ct. App. 2022).
· cites it 3× “For his third issue, Jones argues the family court failed to hold an evidentiary hearing within fourteen days as required by KRS 403.735(2)(a). He claims he preserved this argument by objecting to the second continuance of the final hearing.”
— Ky. Rev. Stat. § 403.735(1) — 1 case
— Ky. Rev. Stat. § 403.735(1)(a) — 5 cases
Demetrius Pennie v. Labrea Mohamed (Ky. Ct. App. 2025).
“11 Mohamed also argues evidence about prior protective order history could have been properly admitted pursuant to KRS 403.735. See also Walker v. Walker, 520 S.”
— Ky. Rev. Stat. § 403.735(2) — 2 cases
Manning v. Willett, 221 S.W.3d 394 (Ky. Ct. App. 2007).
“KRS 403.735(2). However, this statute addresses the court’s ex parte actions upon filing of a petition and pri- or to any hearing.”
— Ky. Rev. Stat. § 403.735(2)(a) — 3 cases
Clark v. Parrett, 559 S.W.3d 872 (Ky. Ct. App. 2018).
“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.”
Gabriel Jones v. Dorema Heavner (Ky. Ct. App. 2022).
“For his third issue, Jones argues the family court failed to hold an evidentiary hearing within fourteen days as required by KRS 403.735(2)(a). He claims he preserved this argument by objecting to the second continuance of the final hearing.”
— Ky. Rev. Stat. § 403.735(6) — 1 case
Stinson v. Stinson, 381 S.W.3d 333 (Ky. Ct. App. 2012).
“The notice and service requirements set forth in KRS 403.735 apply to any order of protection issued pursuant to KRS 403.”
— Ky. Rev. Stat. § 403.735(l)(a) — 1 case
Walker v. Walker, 520 S.W.3d 390 (Ky. Ct. App. 2017).
“However, KRS 403.735 expressly allows courts to look back and consider prior protective orders.”
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