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 may be reassigned or transferred to another circuit under the following circumstances:

If a dissolution or child custody proceeding is pending in another county in the Commonwealth, the petition filed in Henderson County shall be retained by the Family Court, a hearing held and a decision entered deciding whether the matter should be transferred to the county where the dissolution or child custody proceeding is pending, or retained in Henderson County. 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 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.

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

Between the hours of 8:00 a.m. and 4:30 p.m. a verified petition for a Domestic Violence Order (DVO) or an ex parte Emergency Protective Order (EPO) shall be filed in the Henderson Court Clerk's Office located in the Henderson County Judicial Center, 5 North Main Street, Henderson, Kentucky 42420.

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 petitions filed after regular business hours may be filed with the Henderson Police Department, Henderson County Sheriff Office or 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 thereon. If the Family Court Judge is unavailable, the clerk may present the petition for consideration to any judge within the Henderson County Judicial Center for his or her consideration. If the Family Court Judge is unavailable and the other judges unavailable, the clerk is to present the petition to the on-call judge.

D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:

The Domestic Violence Petition shall then be transmitted immediately to Family Court Judge for consideration. In the event the Family Court Judge cannot be found within Henderson County, Kentucky, the petition may be presented to the Circuit Judge of Division One, the on-call judge in Henderson County or any judge in any surrounding county, who may sign and issue an Emergency Protective Order

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: Each Monday at 8:15 a.m., except for state legal holidays.

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 Henderson Circuit Court Clerk for the requisite show cause form.

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.