A. Circuit Court Clerks shall process domestic violence cases in accordance with 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 Court when there is a dissolution/custody proceeding pending.

D. Domestic Violence cases are civil matters within the purview of CR 41.01. Therefore, the 21^st Judicial Circuit and District does not have a blanket “no-drop” policy.

E. Domestic violence cases may be reassigned or transferred to another Circuit Court if there is a current dissolution/custody proceeding in that Circuit. Consistent with FCRPP 12, when a 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 to not 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, the reissuance of the summons shall occur as needed by the District Court if it has not been assigned to the Circuit Court or by the Circuit Court if the transfer has already occurred.

A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:

B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:

C. Upon receipt of a petition during regular business hours, the relevant Clerks of the 21^st Judicial District shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

D. Upon the receipt of the petition after regular business hours, the authorized agencies as addressed herein shall present the petition to the District Judges, Circuit Judges and/or Trial Commissioner within one hour of its presentation to them unless it is impossible due to the unavailability of a Judge or Trial Commissioner.

E. The schedule for DOMESTIC VIOLENCE hearings is as follows:

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 follow the protocol as addressed above when filing Emergency Protective Orders during business hours and filing Emergency Protective Orders after working hours.

C. Pursuant to FCRPP 11(1), no petitioner shall be held in contempt for failure to appear at a Domestic Violence hearing or failing to prosecute a civil or criminal contempt violation of a protective order except for a good cause shown on the record. Failure to appear may result in denial of the petition.

D. Subject to FCRPP 11(2), when the Court conducts contempt proceedings in Domestic Violence actions, the party(ies) who are subject to contempt shall be represented by counsel, unless waived, and an attorney shall be appointed by the Court if the party qualifies as indigent.

All general orders, forms, policies and procedures relating to domestic violence within the judicial circuit are attached to this protocol and incorporated by reference.