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Appendix “A” Domestic violence protocol and 24 hour access policy

Baldwin's Kentucky Revised Statutes Annotated52nd Judicial Circuit - Graves Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
52nd Judicial Circuit - Graves Circuit Court
KY GRAVESC App. A
Appendix “A” Domestic violence protocol and 24 hour access policy
Currentness
TWENTY-FOUR (24) HOUR ACCESSIBILITY TO EMERGENCY
PROTECTIVE ORERS1 AND LOCAL JOINT JURISDICTION DOMESTIC
VIOLENCE POTOCOL2
52ND JUDICIAL CIRCUIT AND DISTRICT
GRAVES COUNTY
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Procedure and Practice (FCRPP) Section IV, this local domestic violence protocol is established to ensure twenty-four (24) hour accessibility to emergency protective orders and to establish written procedures for domestic violence matters in which there may be joint jurisdiction between the circuit/family and district courts.
I. Uniform Protocol for Handling Cases
A. All domestic violence cases must be processed consistent with the rules and procedures set forth in the Kentucky Circuit Court Clerk's Manual.
B. All cases will be assigned a “D” case number with the appropriate trailer number within the court case management system and may not be consolidated with any other case type.
C. Domestic violence matters may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending.
D. No county shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
E. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances: When there is a pending dissolution or custody matter involving the parties in that Circuit.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:
Graves Clerk of the Courts or any deputy clerk at the Graves County Courthouse, 100 East Broadway, Mayfield, Kentucky, from 8:00 a.m. to 4:30 p.m. Monday through Friday.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
1. Graves Circuit Court Clerk and all Deputy Clerks;
2. Graves County Attorney, Assistant County Attorney and County Attorney's office staff;
3. Graves County Jailer and all Deputy Jailers;
4. Sheriff of Graves County and all Deputy Sheriffs;
5. All officers of the Kentucky State Police;
6. All police officers for the City of Mayfield, Kentucky;
7. All police officers for the -City of Wingo, Kentucky.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
During regular business hours the person receiving and verifying the Petition shall, if possible, deliver the Petition to the Circuit/District Court Clerk's Office and that officer shall immediately present the Petition to the District Judge of the 52nd Judicial District found within Graves County and if the District Judge cannot be located within the county, the Petition shall be presented to the Circuit Judge of the 52nd Judicial Circuit found within Graves County. In the event neither judge can be found within the county, the Petition shall be presented to a District or Circuit Judge found in any county adjoining Graves County.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
During hours other than regular business hours, the person receiving and verifying the complete Domestic Violence Petition shall deliver the Petition to the Mayfield Police Department or other appropriate law enforcement agency and an officer of that agency shall immediately present the Petition to the District Judge of the 52nd Judicial District found within Graves County and if the District Judge cannot be located within the county, the Petition shall be presented to the Circuit Judge of the 52nd Judicial Circuit found within the county. In the event neither judge can be found within the county, the Petition shall be presented to a District or Circuit Judge found in any county adjoining Graves County.
E. Petitions will be reviewed within an hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
F. The schedule for domestic violence hearings is as follows:
1. Circuit Court--domestic violence hearing shall be scheduled during the court's regular domestic relations motion hour, with all cased being scheduled for each Monday at 1:30 p.m. (excluding holidays) unless otherwise ordered by the circuit judge.
2. District Court--domestic violence hearings shall be scheduled for any Monday morning at 8:30 a.m. (excluding holidays) unless otherwise ordered by the district judge.
III. Contempt Proceedings
A. Pursuant to KRS 403.760, civil and criminal proceedings for violation of a protective order for the same violation of a protective order shall be mutually exclusive.
B. Petitioners seeking to initiate contempt proceedings should contact:
During regular business hours, the Graves Clerk of the Courts, or the Graves County Attorney's Office. After regular business hours, the petitioner may request law enforcement to initiate a criminal proceeding.
C. No petitioner may be held in contempt for failing to appear at a domestic violence hearing or to prosecute a criminal violation of a protective order.
All general orders, forms, policies and procedures relating to domestic violence within the judicial circuit are attached to this protocol and incorporated by reference.

Credits

HISTORY: Adopted effective April 13, 2012.

Footnotes

1
So in original.
2
So in original.
Graves Circuit Court App. A, KY R GRAVES CIR CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document