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Appendix No. 3

Baldwin's Kentucky Revised Statutes Annotated9th Judicial Circuit - Hardin Family Court

Baldwin's Kentucky Revised Statutes Annotated
9th Judicial Circuit - Hardin Family Court
Appendix NO. 3 24-Hour Accessibility to Emergency Protective Orders and Local Joint Jurisdiction Domestic Violence Protocol 9th Judicial Circuit and District Hardin County
KY RHFC App. 3
Appendix No. 3
Currentness
TWENTY-FOUR (24) HOUR ACCESSIBILITY TO
EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
9th JUDICIAL CIRCUIT AND DISTRICT
HARDIN 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 establish 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 procedure set forth in the Kentucky Circuit Court Clerk's Manual.
B. All cases with be assigned a “D” case number with the appropriate trailer number within the court case management system and may 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:
If there is a pending dissolution or custody matter in another circuit.
Consistent with FCRPP 12, when the case is 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 (14) 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:
Hardin Circuit Clerk's Office, 120 East Dixie, Elizabethtown, KY 42701
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Elizabethtown Police Department, Radcliff Police Department, Hardin County Sheriff's Department, Kentucky State Police, or any other local police agency.
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 petition to one of the Family Court Judges and if both are not available then to any available Circuit Judge or District Judge.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the following:
The petition shall be delivered to one of the Family Court Judges and if both are not available then to any available Circuit Judge, District Judge or trial commissioner.
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: Domestic violence hearings are held every Monday at 9:00 a.m. with the exception of Court of Justice holidays.
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 Hardin Circuit Clerk to complete a Domestic Violence Affidavit (see Attachment).
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.
COMMONWEALTH OF KENTUCKY
HARDIN CIRCUIT COURT
FAMILY COURT--DIVISION I
CASE NO.
 
DOMESTIC VIOLENCE AFFIDAVIT
________________________________________
PETITIONER
VS.
________________________________________
RESPONDENT
Information about Respondent::
Current Residence:
 
 
Usual Residence:
 
 
Occupation:
 
Employer Name:
 
Employer Address:
 
Sex
Race
Date of Birth
Height
Weight
Social Security #
Operator License #
State
Caution: ( ) Weapon involved
( ) Believed to be armed and dangerous
 
 
 
 
 
 
 
X
 
AFFIANT
Subscribed and sworn to before me on _________________________, 201 ______.
Loretta Crady, Hardin Circuit/District Clerk
By: ______________________________ D.C.
_____ IT IS ORDERED that a Domestic Violence Summons be issued.
_____ IT IS ORDERED that a Show Cause Order be issued.
_____ IT IS ORDERED that a Domestic Violence Forthwith Order of Arrest be issued.
_____ IT IS ORDERED that the Motion for Contempt is denied.
_____ IT IS ORDERED that Affiant is referred to the Hardin County Attorney for possible criminal proceedings or for substantial violation.
 
HON PAMELA K. ADDINGTON
JUDGE, HARDIN CIRCUIT
FAMILY COURT, DIVISION I

Credits

HISTORY: Amended eff. 2-6-14. Amended eff. 3-30-12. Amended effective April 16, 2009; prior amendment effective January 10, 2005.
Hardin Family Court App. 3, KY R HARDIN FAM CT App. 3
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document