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Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisd...

Baldwin's Kentucky Revised Statutes Annotated41st Judicial Circuit - Clay, Jackson and Leslie Family Court

Baldwin's Kentucky Revised Statutes Annotated
41st Judicial Circuit - Clay, Jackson and Leslie Family Court
KY CJLF App. A
Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol 41st Judicial Circuit and District Clay, Jackson and Leslie counties
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Practice and Procedure (FCRPP) Section IV, this local domestic violence protocol is established to ensure twenty-four 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 Proeessing Cases
A. Circuit court clerks shall process domestic violence cases in accordance with the procedures set forth in the “Domestic Violence Proceedings” section of 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 jurisdiction 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:
[Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403740(4), for a period not to exceed fourteen days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Therafter, reissuance of the summons shall occur as needed in the court of transfer.]
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;
Circuit Clerk's Office
Police Dispatch (911)
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Police Dispatch (911)
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
Family Court
District Court
Circuit Court
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
Family Court, District Court, Circuit Court
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:
Clay- Wednesdays 9:00am; Jackson-Tuesday 9:00am;
Leslie- Mondays 9:00am
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: Circuit Clerk's Office
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: Amended effective April 4, 2012.
Clay, Jackson and Leslie Family Court App. A, KY R CLAY FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document