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Appendix A

Baldwin's Kentucky Revised Statutes Annotated35th Judicial Circuit - Pike Family Court

Baldwin's Kentucky Revised Statutes Annotated
35th Judicial Circuit - Pike Family Court
Appendix a. Domestic Relations Practice
KY RPFC App. A
AppendixA
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
35th JUDICIAL CIRCUIT AND DISTRICT
PIKE COUNTY/COUNTIES
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 established to ensure twenty-four 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 Processing Cases
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 shall be reassigned or transferred to another circuit under the following circumstances:
(1) Pending Dissolution and/or Custody proceedings in another county;
(2) All parties reside in another county unless the party is a current resident of this county and left the county of usual residence in order to avoid domestic violence and abuse as authorized by KRS 403.725; or
(3) Presiding Judge recuses
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be 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.
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:
Circuit Judges; District Judges; Trial Commissioners; Circuit Court Clerk; and, Deputy Circuit Court Clerks. Should the Petitioner be unable to come to the Courthouse during regular business hours, then any Law Enforcement Officer may administer the Oath and submit the Petition to the Court
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Circuit Judges; District Judges; Trial Commissioners; Circuit Court Clerk; Deputy Circuit Court Clerks; and, any Law Enforcement Officer may administer the Oath and submit the Petition to the Court
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
Trial Commissioners;
Circuit Judge, Family Division;
District Judges; and,
Circuit Judges, General Jurisdiction
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
Trial Commissioners;
Circuit Judge, Family Division;
District Judges; and,
Circuit Judges, General Jurisdiction
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:
Mondays at 1:00 p.m.
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 Pike Circuit Clerk's Office
The Pike Family Court's Office
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.

Credits

HISTORY: Adopted effective August 30, 2013.
Pike Family Court App. A, KY R PIKE FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document