Appendix 1
Baldwin's Kentucky Revised Statutes Annotated4th Judicial Circuit - Hopkins Family Court
KY RHOPF App. 1
Appendix 1
Twenty-Four-Hour Accessibilty to Protective Orders and Local Joint Jurisdiction Protocol
4TH Judicial Circuit and 4th Judicial District
Hopkins County, Kentucky
Pursuant to KRS 403.725 and KRS 456.030, and in compliance with the Kentucky Family Court Rules of Procedure and Practice, Section IV, this local protective order protocol is established to ensure twenty-four-hour accessibility to emergency protective orders (EPOs) and temporary interpersonal protective orders (TIPOs) and to establish written procedures for matters in which there may be joint jurisdiction between the Circuit General Jurisdiction. Circuit Family, and District Courts.
D. No court shall employ a “No drop” policy or any other procedure which could limit a petitioner's right to modify or withdraw a petition for a protective order. Pursuant to KRS 403.740 and KRS 456.060, the court may direct or prohibit the respondent to take certain actions which the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence, stalking, or sexual assault. However, any orders for relief shall not require the petitioner to take any affirmative action.
E. Cases may be reassigned within the judicial circuit and district where necessary to avoid conflicts of interests or lapsing of required statutory time limits. Pursuant to FCRPP 12, an action may be transferred to another circuit if there is a pending dissolution or custody matter in that other circuit. If reassignment or transfer occurs, when necessary, the issuing judge shall re-issue a summons with the reassigned court date of the receiving judge and shall ensure that all statutory time limits are maintained.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730; KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time; all persons seeking to file a petition shall be permitted to do so regardless of the allegation or relationship to the respondents. The person taking the petition shall not provide the petitioner with his or her opinion as to whether the petition meets the statutory criteria to grant relief and shall not contact any judge for an opinion regarding whether the petition meets the criteria before accepting the petition. All petitions that are completed shall be submitted to the judge without delay.
Hopkins Circuit Court Clerk and Deputies, 120 East Center Street, Madisonville, KY 42431.
Any local city or county law enforcement officer in Hopkins County, Kentucky: All Kentucky State Police Officers officially on duty.
B. Upon receipt of a petition during the regular business hours of the Hopkins County Judicial Center, the authorized agent or officer shall present the petition first to the Family Court Judge. If the Family Court Judge is unavailable, presentation shall be made to a district court judge or the general jurisdiction circuit court judge.
C. Upon receipt of a petition outside the regular business hours of the Hopkins County Judicial Center, the authorized agent or officer shall present the petition to the on-call district judge or to the family court judge. If no district or family court judge is available, presentation shall be made to the general jurisdiction circuit judge.
C. The Circuit Clerk shall assign the family court judge to hear the actions filed under both chapters of KRS. Hearings shall generally be schedule pursuant to local rules of the Hopkins Family Court. On at least a quarterly basis, the family court judge shall provide a hearing schedule to the Hopkins County Circuit Clerk and to Hopkins County Central Dispatch; this schedule shall include the dates and times of hearing dates and shall ensure that hearings are set within the statutory time requirements.
D. Cases may be reassigned or transferred between circuit and district courts if it is determined that there are other actions pending or circumstances indicate that review by another court is proper. KRS 403.725; KRS 456.030. If reassignment or transfer occurs, the issuing judge shall reissue a summons to schedule the date and time on the docket of the receiving judge, ensuring that all statutory time limitations are observed.
A. Pursuant to KRS 403.763 and KRS 456.180, civil and criminal proceedings for violation of a protective order arc mutually exclusive if prosecuted for the same violation of the same protective order. Once a criminal action or a contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding.
Credits
HISTORY: Amended effective March 31, 2023. Adopted effective April 5, 2012.
Hopkins Family Court App. 1, KY R HOPKINS FAM CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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