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Appendix A

Baldwin's Kentucky Revised Statutes Annotated17th Judicial Circuit - Campbell Family Court

Baldwin's Kentucky Revised Statutes Annotated
17th Judicial Circuit - Campbell Family Court
KY RCFC App. A
AppendixA
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
17th JUDICIAL CIRCUIT AND DISTRICT CAMPBELL 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 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 Processing 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 shall be assigned to the Family Court.
D. Domestic violence cases are civil matters within the purview of CR 41.01. Therefore, this jurisdiction does not have a “no-drop” policy.
E. Domestic violence cases may be reassigned or transferred to another circuit when it is determined that a dissolution or child custody case is pending in the other county. A determination to transfer the matter is in the sole discretion of the issuing Judge. Consistent with FCRPP 12, when the Family Court Judge orders 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 403.740(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. Thereafter, 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:
Campbell County Circuit Court Clerk and all Deputy Clerks
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Any Law Enforcement handling the matter, including the Kentucky State Police.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
The Clerk shall deliver the appropriate documents to the Family Court Judge for consideration and action thereof. If the Family Court Judge is unavailable, the Clerk shall seek the consideration of a District Judge. If the District Court Judges and/or Family Court Judge are unavailable, the Clerk should call a non-Family Court Circuit Judge. If an EPO is issued, the Clerk shall docket the case in the Domestic Violence session of the Family Court.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
The on-call Judge1 shall be contacted to consider the petition. If an EPO is issued, the Clerk shall docket the case in the Domestic Violence session of the Family 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:
Every Thursday from 10:30 a.m. to 12:00 p.m.
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: The Campbell County Circuit Court 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: Adopted effective January 14, 2010. Amended effective June 12, 2012.

Footnotes

The duties as on-call Judge shall be rotated among the Family Court Judge and each District Court Judge. The on-call Judge shall handle all ECO, EPO, Juvenile Detention issues, Bonds, Arrest and/or Search Warrant.
Campbell Family Court App. A, KY R CAMPBELL 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