Title XXXV, Domestic Relations

(1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to the collaborative matter. (2) Except as otherwise provided in subsection (3) of this section an…

(1) KRS 403.650(1) applies to a collaborative lawyer representing a party with or without fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under KRS 403.650(1) is associated may represent a party wit…

(1) KRS 403.650(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated …

Notwithstanding any other statute to the contrary, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also sha…

affected. KRS 403.640 to 403.670 does not affect: (1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult un…

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective pa…

(1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (2) Throughout a co…

Admissibility -- Discovery. (1) Subject to KRS 403.666 and 403.668, a collaborative law communication is: (a) Privileged under subsection (2) of this section; (b) Not subject to discovery; and (c) Not admissible in evidence. (2) In a proceeding, the following privileges apply: (a…

(1) A privilege under KRS 403.664 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (2) A person that makes a discl…

(1) There is no privilege under KRS 403.664 for a collaborative law communication that is: (a) Available to the public under the Kentucky Open Records Act or made during a session of a collaborative law process that is open, or is required by law to be open, to the public; (b) A …

(1) If an agreement fails to meet the requirements of KRS 403.644, or a lawyer fails to comply with KRS 403.660 or 403.662, a court may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (a) Signed a record indicating an …

Local protocol required -- Domestic violence fatality review teams -- Duties. (1) One (1) or more local domestic violence coordinating councils may be established in any jurisdiction or group of counties. (2) Membership on local domestic violence coordinating councils may include…

Membership -- Duties. (1) The Sexual Assault Response Team Advisory Committee is established. (2) The Sexual Assault Response Team Advisory Committee shall be co-chaired by the chief executive officer of the Kentucky Association of Sexual Assault Programs or the chief executive o…

KRS 403.715 to 403.785 shall be interpreted to: (1) Allow victims to obtain effective, short-term protection against further wrongful conduct in order that their lives may be as secure and as uninterrupted as possible; (2) Expand the ability of law enforcement officers to effecti…

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…

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 …

(1) Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a victim of domestic violence and abuse, or in which a minor is named as a respondent or petitioner, shall comply with the requirements in that section and shall: (a) Proceed in accordance with the…

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 fourtee…

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 …

Expiration and reissuance. (1) 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: (a) Restraining the adverse party fr…

Prohibited costs and conditions -- Mutual orders of protection -- Amendment - - Expungement. (1) An emergency protective order and a domestic violence order shall become effective and binding on the respondent when the respondent is given notice of the existence and terms of the …

upon filing of petition or action under KRS Chapter 403. (1) Any family member or any member of an unmarried couple may file for and receive protection under this chapter from domestic violence and abuse, notwithstanding the existence of or intent to file an action under this cha…

court-mandated treatment -- List of certified providers to Administrative Office of the Courts -- Collection of data. (1) The Cabinet for Health and Family Services shall, by administrative regulations promulgated pursuant to KRS Chapter 13A, establish certification standards for…

to 403.785 into Law Information Network of Kentucky. (1) All forms, affidavits, and orders of protection issued or filed pursuant to KRS 403.715 to 403.785 which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative …

Enforcement -- Civil and criminal proceedings mutually exclusive. (1) All foreign protective orders shall have the rebuttable presumption of validity. The validity of a foreign protective order shall only be determined by a court of competent jurisdiction. Until a foreign protect…

under KRS 403.715 to 403.785 is entitled to full faith and credit. (1) In order to assist a court of another state in determining whether an order issued under KRS 403.715 to 403.785 is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265: (a) All domestic violence o…

court official -- Entry into Law Information Network of Kentucky. (1) A copy of a foreign protective order may be filed in the office of the clerk of any court of competent jurisdiction of this state. A foreign protective order so filed shall have the same effect and shall be enf…

(1) Upon ex parte review of the foreign protective order and the affidavit filed pursuant to KRS 403.7527, and after determining the order is entitled to full faith and credit in this Commonwealth pursuant to 18 U.S.C. sec. 2265, the court shall declare the order to be authentica…

Kentucky. (1) A foreign protective order which has been entered into the Law Information Network of Kentucky shall be immediately cleared as an active record from the computer system when: (a) The order expires according to its terms; (b) A Kentucky court notifies the Law Informa…

(1) A person who has filed a foreign protective order in a court in Kentucky is under a continuing obligation to inform the court of any expiration, vacation, modification, or other change in the order which the person filing the order has received from the issuing foreign court.…

concealed deadly weapon -- Criteria -- Denial of application final -- Conversion to concealed carry license -- Automated listing of temporary permit holders. (1) A petitioner for an order of protection granted under KRS 403.715 to 403.785 may apply for a temporary permit to carry…

positioning monitoring system -- Cost to be paid by respondent and system operator -- Shortening or vacating of order -- Penalty for violation. (1) Upon a petitioner's request and after an evidentiary hearing, a court may amend a domestic violence order to require a respondent to…

offense. (1) Violation of the terms or conditions of an order of protection after the person has been served or given notice of the order shall constitute contempt of court and a criminal offense under this section. Once a criminal or contempt proceeding has been initiated, the o…

(1) A court issuing an order of protection shall direct the appropriate law enforcement agency to assist the petitioner in having the provisions of the order complied with. (2) When a law enforcement officer has reason to suspect that a person has been the victim of domestic viol…

As used in KRS 403.800 to 403.880: (1) "Abandoned" means left without provision for reasonable and necessary care or supervision; (2) "Child" means an individual who has not attained eighteen (18) years of age; (3) "Child custody determination" means a judgment, decree, or other …

KRS 403.800 to 403.880 shall not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child.

(1) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. secs. 1901 et seq., is not subject to KRS 403.800 to 403.880 to the extent that it is governed by the Indian Child Welfare Act. (2) A court of this state shall tr…

(1) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying Articles 1 and 2. (2) Except as otherwise provided in subsection (3) of this section, a child custody determination made in a foreign country under factu…

A child custody determination made by a court of this state that had jurisdiction under KRS 403.800 to 403.880 binds all persons who have been served in accordance with the laws of this state or notified in accordance with KRS 403.812 or who have submitted to the jurisdiction of …

If a question of existence or exercise of jurisdiction under KRS 403.800 to 403.880 is raised in a child custody proceeding, the question, upon request of a party, shall be given priority on the calendar and handled expeditiously.

(1) Notice required for the exercise of jurisdiction when a person is outside this state shall be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably cal…

(1) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by re…

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under KRS 403.800 to 403.880. (2) The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, they sha…

(1) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony …

(1) A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to procedures of that state; (c) Order that an evaluation be made with respect to the custody of a child invol…

(1) Except as otherwise provided in KRS 403.828, a court of this state shall have jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the chi…