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Rule 4 Domestic violence protocol and 24 hour access policy

Baldwin's Kentucky Revised Statutes Annotated14th Judicial Circuit - Bourbon, Scott and Woodford Family Court

Baldwin's Kentucky Revised Statutes Annotated
14th Judicial Circuit - Bourbon, Scott and Woodford Family Court
KY BCWF Rule 4
Rule 4 Domestic violence protocol and 24 hour access policy
401 Procedures for Filing and Obtaining Emergency Protective Orders
A. The Kentucky Court of Justice Twenty-Four (24) Hour Accessibility to Emergency Protective Orders and Local Joint Jurisdiction Domestic Violence Protocol for Bourbon, Scott, Woodford Counties is attached hereto in Appendix A and hereby incorporated by reference and shall be followed as part of these rules.
B. A domestic violence petition may be filed in the county where the petitioner or minor child resides; in the county of current residence if the petitioner or minor child has left their usual residence to avoid violence and abuse; or during any hearing on dissolution of marriage, child custody, or visitation at which both parties are present or represented by counsel. KRS 403.725.
C. If a pending dissolution case or a child custody case wherein there remains a child under eighteen (18) years of age is of record in the same county in which the petition for protection from domestic violence is filed, the Circuit Clerk shall notify the Family Court Judge and cross-reference the “D” case with the circuit “CI” case and place in the circuit “CI” case file a copy of the Emergency Protection Order (hereinafter EPO) and subsequent Domestic Violence Orders (hereinafter DVO) or modified orders.
D. Pursuant to KRS 403.770(1) the petitioner's address and the address of any minor child shall not be made available to the public, or to the person or persons named as the respondent in the protection order. Representatives of the CHFS may have access if investigating a pending case.
E. Pursuant to KRS 403.735(6) the respondent may be given notice of the existence and terms of the order of protection issued under the provisions of KRS 403.715 to KRS 403.785 by personal service or oral presentation of a peace officer or the Court and the terms of the order of protection shall become effective and binding on the respondent at that time.
402 Violation of Domestic Violence Orders
A. Without limiting a party's choice of remedies, alleged violations of Domestic Violence Orders should be referred to the District Court for possible prosecution, except as set forth in 402(B).
B. Without limiting a party's choice of remedies, alleged violations of Domestic Violence Orders pertaining to visitation, child support, counseling, or firearms provisions should be initiated through the Family Court and scheduled for contempt hearings on the appropriate Family Court docket.
C. Pursuant to KRS 403.7539(1) and KRS 403.403.760(5) civil proceedings and criminal proceedings for violation of a protective order shall be mutually exclusive. Once one has been initiated the other may not be undertaken.

Credits

HISTORY: Adopted effective April 29, 2012.
Bourbon, Scott and Woodford Family Court Rule 4, KY R BOURBON SCOTT FAM CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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