As used in this chapter:
(1) "Dating relationship" means a relationship between individuals who have or have had a relationship of a romantic or intimate nature. It does not include a casual acquaintanceship or ordinary fraternization in a business or social context. The following factors may be considered in addition to any other relevant factors in determining whether the relationship is or was of a romantic or intimate nature:
(a) Declarations of romantic interest;
(b) The relationship was characterized by the expectation of affection;
(c) Attendance at social outings together as a couple;
(d) The frequency and type of interaction between the persons, including whether the persons have been involved together over time and on a continuous basis during the course of the relationship;
(e) The length and recency of the relationship; and
(f) Other indications of a substantial connection that would lead a reasonable person to understand that a dating relationship existed;
(2) "Dating violence and abuse" means:
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between persons who are or have been in a dating relationship; 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 person with whom the perpetrator is or has been in a dating relationship, when that person has a close bond of affection to the domestic animal;
(3) "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;
(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 which was not 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) "Order of protection" means any interpersonal protective order, including those issued on a temporary basis, and includes a foreign protective order;
(7) "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, or incest under KRS 530.020;
(8) "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking;
(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: July 14, 2022 History: Amended 2022 Ky. Acts ch. 158, sec. 3, effective July 14, 2022. -- Amended 2021 Ky. Acts ch. 175, sec. 3, effective April 1, 2021. -- Amended 2019 Ky. Acts ch. 183, sec. 4, effective June 27, 2019. -- Created 2015 Ky. Acts ch. 102, sec. 19, effective January 1, 2016.
Notes of Decisions
Cited in
34
cases (
27 in the last 5 years), 2017–2026 · leading case:
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
· cites it 5× “010(6) defines it as "conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or incest under KRS 530.”
Halloway v. Simmons, 532 S.W.3d 158 (Ky. Ct. App. 2017).
“Under KRS 456.010(7), “ ‘[sjtalking’ refers to conduct prohibited as stalking under KRS 508.”
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
“” KRS 456.010(7). Those two statutes explain what constitutes first-degree and second-degree stalking.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
· cites it 7× “]” KRS 456.010(2) (emphasis added). Without citing any case law in support of his argument, Johnathan claims that to read attempt or the “infliction of fear” language contained in KRS 456.”
Rebecca Switzer-Pemble v. Lawrence Pemble (Ky. Ct. App. 2024).
· cites it 4× “In the proceedings below, Lawrence expressly argued that KRS 456.010 applied. Rebecca not only failed to challenge this assertion or insist, as she does on appeal, that the common meaning of the term stalking should apply, she conceded the matter when she asserted she satisfied…”
Jane Smith v. John Doe, a Minor (Ky. 2021).
· cites it 3× “]” KRS 456.010(2). 30 KRS 456.030(1)(b). “Stalking” is defined “conduct prohibited as stalking under KRS 508.”
James Christopher Sewell v. Elizabeth Ingrid Sweet (Ky. Ct. App. 2021).
· cites it 3× “]” KRS 456.010(2) defines “dating violence and abuse” as “physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between…”
Tia R. Hill v. Jennifer L. Carnagio (Ky. Ct. App. 2022).
· cites it 2× “3d at 424 (rejecting argument that language in KRS 456.010 indicated that only a petitioner who had previously dated the respondent could obtain an IPO for attempted sexual assault as: “To provide someone who is placed in fear of imminent sexual abuse the protection of an IPO…”
Christina Holt Taylor v. Leigh-Ann Fitzpatrick (Ky. Ct. App. 2023).
· cites it 2× “2021) (citing KRS 456.010(2)). Having reviewed the entire record on appeal and our prior case law, this IPO is not supported by sufficient evidence of stalking.”
Travis Taylor v. Rachel Phelps (Ky. Ct. App. 2024).
· cites it 2× “720 with KRS 456.010. The sole difference is domestic violence and abuse occurs between family members or members of an unmarried couple and dating violence and abuse occurs between persons who are or who have been in a dating relationship.”
S. M., a Minor Child v. Stacy Drury on Behalf of Her Minor Child, M.D. (Ky. Ct. App. 2025).
· cites it 2× “” KRS 456.010(1). Individuals in such relationships may file petitions for an IPO, provided that such person has been “(a) A victim of dating violence and abuse; (b) A victim of stalking; (c) A victim of sexual assault; or (d) An adult on behalf of a victim who is a minor…”
— Ky. Rev. Stat. § 456.010(1) — 3 cases
S. M., a Minor Child v. Stacy Drury on Behalf of Her Minor Child, M.D. (Ky. Ct. App. 2025).
“” KRS 456.010(1). Individuals in such relationships may file petitions for an IPO, provided that such person has been “(a) A victim of dating violence and abuse; (b) A victim of stalking; (c) A victim of sexual assault; or (d) An adult on behalf of a victim who is a minor…”
— Ky. Rev. Stat. § 456.010(2) — 7 cases
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
“]” KRS 456.010(2) (emphasis added). Without citing any case law in support of his argument, Johnathan claims that to read attempt or the “infliction of fear” language contained in KRS 456.”
James Christopher Sewell v. Elizabeth Ingrid Sweet (Ky. Ct. App. 2021).
“]” KRS 456.010(2) defines “dating violence and abuse” as “physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between…”
Jane Smith v. John Doe, a Minor (Ky. 2021).
“]” KRS 456.010(2). 30 KRS 456.030(1)(b). “Stalking” is defined “conduct prohibited as stalking under KRS 508.”
Christina Holt Taylor v. Leigh-Ann Fitzpatrick (Ky. Ct. App. 2023).
“2021) (citing KRS 456.010(2)). Having reviewed the entire record on appeal and our prior case law, this IPO is not supported by sufficient evidence of stalking.”
— Ky. Rev. Stat. § 456.010(2)(a) — 2 cases
— Ky. Rev. Stat. § 456.010(3) — 1 case
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
“010(6) defines it as "conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or incest under KRS 530.”
— Ky. Rev. Stat. § 456.010(6) — 3 cases
Castle v. Castle, 567 S.W.3d 908 (Ky. Ct. App. 2019).
“010(6) defines it as "conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or incest under KRS 530.”
Johnathan Jones v. Glynis Maria Jones (Ky. Ct. App. 2021).
“]” KRS 456.010(2) (emphasis added). Without citing any case law in support of his argument, Johnathan claims that to read attempt or the “infliction of fear” language contained in KRS 456.”
Jane Smith v. John Doe, a Minor (Ky. 2021).
“]” KRS 456.010(2). 30 KRS 456.030(1)(b). “Stalking” is defined “conduct prohibited as stalking under KRS 508.”
— Ky. Rev. Stat. § 456.010(7) — 10 cases
Halloway v. Simmons, 532 S.W.3d 158 (Ky. Ct. App. 2017).
“Under KRS 456.010(7), “ ‘[sjtalking’ refers to conduct prohibited as stalking under KRS 508.”
Calhoun v. Wood, 516 S.W.3d 357 (Ky. Ct. App. 2017).
“” KRS 456.010(7). Those two statutes explain what constitutes first-degree and second-degree stalking.”
Jane Smith v. John Doe, a Minor (Ky. 2021).
“]” KRS 456.010(2). 30 KRS 456.030(1)(b). “Stalking” is defined “conduct prohibited as stalking under KRS 508.”
— Ky. Rev. Stat. § 456.010(8) — 13 cases
Rebecca Switzer-Pemble v. Lawrence Pemble (Ky. Ct. App. 2024).
“In the proceedings below, Lawrence expressly argued that KRS 456.010 applied. Rebecca not only failed to challenge this assertion or insist, as she does on appeal, that the common meaning of the term stalking should apply, she conceded the matter when she asserted she satisfied…”
Christina Holt Taylor v. Leigh-Ann Fitzpatrick (Ky. Ct. App. 2023).
“2021) (citing KRS 456.010(2)). Having reviewed the entire record on appeal and our prior case law, this IPO is not supported by sufficient evidence of stalking.”
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