Title XLII, Miscellaneous Practice Provisions

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 followin…

(1) This chapter shall be interpreted to: (a) 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; (b) Expand the ability of law enforcement officers to effectively r…

(1) A petition for an interpersonal protective order may be filed by: (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 otherwise qualifying for relief under this subsection. (…

(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged victim of dating violence and abuse, sexual assault, or stalking, or in which a minor is named as a respondent or petitioner, shall comply with the requirements in that section and shall: (a) Proceed …

interpersonal protective order. (1) (a) The court shall review a petition for an interpersonal protective order immediately upon its filing. If the review indicates that dating violence and abuse, stalking, or sexual assault exists, the court shall summons the parties to an evide…

(1) Prior to or at a hearing on a petition for an interpersonal protective order: (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 peti…

(1) Following a hearing ordered under KRS 456.040, if a court finds by a preponderance of the evidence that dating violence and abuse, sexual assault, or stalking has occurred and may again occur, the court may issue an interpersonal protective order: (a) Restraining the adverse …

Mutual protective orders -- Petition hearing testimony later admissible only for impeachment purposes -- Interpersonal protective order intake center. (1) A temporary or ordinary interpersonal protective order shall become effective and binding on the respondent when the responde…

action. If the petitioner or respondent to an interpersonal protective order initiates an action under KRS Chapter 403, the party initiating the action shall make known to the court the existence and status of any interpersonal protective orders, which shall remain effective and …

violence and abuse, sexual assault, or stalking -- Statewide enforcement -- Civil and criminal immunity. (1) A court issuing an interpersonal protective order shall direct the appropriate law enforcement agency to assist the petitioner in having the provisions of the order compli…

global positioning monitoring system. (1) Upon a petitioner's request and after an evidentiary hearing, a court may amend an interpersonal protective order to require a respondent to participate in a global positioning monitoring system if: (a) The respondent has committed a subs…

Network of Kentucky. (1) All forms, affidavits, and orders of protection issued or filed pursuant to this chapter which require entry into the Law Information Network of Kentucky shall be entered on forms prescribed by the Administrative Office of the Courts after consultation wi…

(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 protective order is declared to be invalid by a court of competent jurisd…

faith and credit determination. (1) In order to assist a court of another state in determining whether an order issued under this chapter is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265: (a) All interpersonal protective orders shall include a statement certif…

Certification by issuing court -- Uncertified order. (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 enforced in the …

(1) Upon ex parte review of the foreign protective order and the affidavit filed pursuant to KRS 456.140, 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 authenticat…

Information Network of 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 the terms contained therein; (b) …

modification, or other change. (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 …

(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 other shal…