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Exhibit B

Baldwin's Kentucky Revised Statutes Annotated45th Judicial Circuit - Mclean and Muhlenberg Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
45th Judicial Circuit - Mclean and Muhlenberg Circuit Court
Rules of the Circuit Court
KY RMMC Ex. B
Exhibit B
Currentness
TWENTY-FOUR (24) HOUR ACCESSIBILITY TO EMERGENCY PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION DOMESTIC VIOLENCE PROTOCOL
I. RE: TWENTY-FOUR (24) HOUR ACCESS
Pursuant to KRS 403.735(3), the Court hereby sets out its procedures for twenty-four (24) hour accessibility to emergency protective orders (EPOs)
II. RE: DOMESTIC VIOLENCE PROTOCOL
1. All domestic violence petitions shall be assigned a domestic violence “D” case number with the appropriate trailer number, if any, regardless of who (District Judge, Circuit Judge or Trial Commissioner) reviews the petition and orders the case filed.
A. This procedure shall apply to petitions filed during the pendency of a dissolution or child custody proceeding.
B. If a verified motion is filed in the dissolution or child custody proceeding, the motion must be filed on AOC 275.1, as a Petition, pursuant to KRS 403.730(2), and shall be assigned a domestic violence “D” case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
C. The judge number of the judge reviewing the petition and ordering the case filed shall be entered on the case screen as the opening judge.
D. LINK entry for an EPO or DVO issued by any judge or trial commissioner shall be made by the deputy clerk in district court regularly assigned this responsibility.
2. Procedure for domestic violence petitions filed during regular office hours :
A. At the time the case is opened the deputy clerk will check the index of circuit court cases to ascertain if a dissolution or child custody proceeding is pending.
1. If no dissolution or child custody proceeding is pending, the clerk shall deliver the petition to the district judge, trial commissioner, or circuit judge if no district judge or trial,commissioner is available. If an EPO is issued the clerk shall file the petition as a domestic violence “D” case and schedule a domestic violence hearing in the District Court.
2. If it is determined that a dissolution or child custody proceeding is pending in circuit court, the deputy clerk shall deliver the petition to the district judge, trial commissioner, or circuit judge, if no district or trial commissioner is available.
A. If an EPO is issued the clerk shall file the petition as a domestic violence “D” case and schedule a domestic violence hearing in the Circuit Court for the next motion docket.
B. The deputy clerk shall cross-reference the “D” case with the dissolution or child custody case. Additionally, if a domestic violence order is issued, upon entry, the deputy clerk shall place a copy of the EPO/DVO in the circuit court dissolution or child custody case file.
3. Procedure for domestic violence petitions filed after regular business hours and weekends.
A. Upon receipt by the clerk of a verified domestic violence petition taken after regular business hours (after hours and weekends), and a domestic violence hearing has already been scheduled with the district judge, the deputy clerk shall check the index of circuit court cases to ascertain if a dissolution or child proceeding is pending.
1. If no dissolution or child custody proceeding is pending, the clerk shall file the petition (and the protective order issued, if any) as a domestic violence “D” case in the District Court, regardless of which district judge, trial commissioner or circuit judge ordered that the petition be filed; and, calendar the by completing a scheduled event screen in SUSTAIN.
2. If it is determined that a dissolution or child custody proceeding is pending in circuit court, the deputy clerk shall notify the district judge of the pendency of same . The district judge shall conduct the scheduled domestic violence hearing; and, at that hearing reassign the “D” case to the Circuit Judge.
a. The district judge shall extend the emergency protective order until the matter can be heard by the Circuit Judge. If the Circuit Judge will be unable to hear the matter before the expiration of the emergency protective order's twenty-eighth (28th) day, the district judge shall issue a domestic violence order (if warranted) which is effective only until the matter can be heard by the circuit judge. (The DVO should not be termed temporary as that may prevent entry into the LINK system. The DVO should be issued for a number of days certain which shall be determined by the circuit judge's next available date for a hearing on the matter. At the hearing the circuit judge shall amend the DVO, if appropriate, for an additional period of time not to exceed 36 months.)
B. If no reassignment is necessary pursuant to the local protocol and a domestic violence order is issued in district court, the clerk shall cross-reference the “D” case with the dissolution or child custody case. Additionally, a copy of the domestic violence order shall be placed in the circuit court dissolution or child custody case file.
4. After regular office hours, on weekends and holidays, the Circuit Court Clerk and all sworn deputies; the Sheriff and all sworn deputies; the County Attorney and all appointed office staff; the Chiefs of Police of the cities of the Judicial Circuit and all sworn officers within their departments, and any Kentucky State Police officer assigned to, or within the Counties are hereby authorized to provide domestic violence petitions to any person seeking domestic violence protection; all persons above mentioned are authorized to verify domestic violence petitions by administering a sworn oath to the petitioner and thereafter affixing their verification signatures to the petition.
5. Any person mentioned above coming into possession of a verified petition shall immediately, if the defendant is not in custody, deliver or cause the petition to be delivered to the District Judge for an Emergency Protective Order, if appropriate; and in his absence, to the Trial Commissioner; and in both their absences to the Circuit Judge; and in his absence to any duly elected or appointed special District or Circuit Judge of the Commonwealth of Kentucky; all of whom may issue an emergency protective order if appropriate.
6. If the defendant is in custody and confinement, the petition shall be presented in order of precedence in paragraph 2 at the beginning of the next business day.
7. Prior to implementing the emergency procedure above outlined, every reasonable effort shall be made by police officers to take into custody domestic violence offenders if the offense is being committed in their presence or upon probably cause demonstrated of assault in the fourth degree.
8. The Circuit Clerk, the District Judge, and in his absence, the Trial Commissioner, shall be available 24 hours a day to assist victims of domestic violence with appropriate forms and will assist with the filling out and filing of appropriate petitions and protective orders. Said assistance shall be no greater than two hours from the time of notification.
9. The Circuit Clerk may delegate domestic violence protection duty to appropriate deputy clerks by assignment for a specified period of, time by posting a domestic violence duty roster. Said duty roster shall be posted to all appropriate parties by no less than one week prior to the time period covered.
10. The Circuit Clerk shall have a telephone paging number or cellular telephone number and shall provide a telephone paging number or cellular telephone number for the District Judge; for the Trial Commissioner, and for the duty roster clerk; each number shall be dedicated to domestic violence protection and shall not be used for routine business of the Court.
11. The Circuit Clerk shall create a domestic violence protection manual which shall include a minimum copy of this order and procedure; domestic violence telephone paging numbers or cellular telephone number with instructions on how to use the numbers; a copy of the current domestic violence duty roster; a copy of the “link” contact; instructions to the duty clerk on how and to whom to transfer all appropriate domestic violence protection documents.
12. The Clerk shall provide copies of the domestic violence protection manual to: the County Attorney; all law enforcement officers in the County; Kentucky State Police “link agency”; all area spouse abuse centers ; all local mental health centers; the County Hospital; Social Services; the District Judge; the Circuit Judge; the Trial Commissioner; domestic violence protection duty clerk; and the Kentucky Supreme Court. The Clerk shall also include in the domestic violence protection manual a current mailing list.
13. HEARINGS:
A. The Domestic Violence session of the District Court is scheduled as follows:
McLean District Court
Tuesdays, 1:00 p.m.
Fridays, 10:00 a.m.
Muhlenberg District Court
Mondays, 10:00 a.m.
Tuesdays, 9:00 a.m.
Wednesdays, 9:00 a.m.
Thursdays, 9:00 a.m.
Emergency scheduling as situation may require.
B. The Motion day for the Circuit Court is as follows:
McLean Circuit Court
Mondays, 8:30 a.m.
Holidays excepted
Muhlenberg Circuit Court
Mondays, 1:30 p.m.
Holidays excepted
14. Contempt Proceedings.
1. If the District Court has issued an EPO or DVO and no dissolution or child custody case is pending, the District Court shall hear any contempt proceeding.
2. If the domestic violence case was assigned to the Circuit Court due to a pending dissolution or child custody case, and the Circuit Court issued or modified the EPO or DVO, the Circuit Court shall hear contempt proceedings if no decree has been entered in the dissolution or child custody case. However, if the contempt proceedings occur post-decree, the District Court shall hear the contempt proceedings.
15. Cases In Other Jurisdictions.
If it is discovered at any time that a dissolution or child custody proceeding is pending in another county in the Commonwealth, the case shall be transferred to the County wherever the case is pending.
17. Criminal Charges.
Pursuant to KRS 403.760, a peace officer having probable cause to believer a violation has occurred of an EPO or DVO shall arrest the respondent; and, the Commonwealth can prosecute for violation of a protective order, etc. The district court shall arraign and proceed with trial and final disposition of a defendant charged with a criminal offense for violating an EPO or DVO, even if the order was issued or was modified by the Circuit Court. Civil proceedings and criminal proceedings for the same violation of a protective order are mutually exclusive; therefore, the district judge should never dismiss a misdemeanor case arising out of violation of an EPO or DVO. If this occurs, the case, cannot be heard as civil contempt before the circuit judge since KRS 403.760(5) states that “once either proceeding has been initiated the other shall not be undertaken regardless of the outcome of the original proceeding.”
McClean and Muhlenberg Circuit Court Ex. B, KY R MCLEAN CIR CT Ex. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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