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Appendix A Twenty-four (24) hour accessibility to emergency protective orders and local joint j...

Baldwin's Kentucky Revised Statutes Annotated19th Judicial Circuit - Fleming, Bracken and Mason Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
19th Judicial Circuit - Fleming, Bracken and Mason Circuit Courts
Title IX Miscellaneous
KY BFMC App. A
Appendix A Twenty-four (24) hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol
Currentness
19TH JUDICIAL CIRCUIT AND DISTRICT BRACKEN, FLEMING AND MASON COUNTIES
Pursuant to KRS 403.735, and in compliance with Kentucky Family Court Rules of Procedure and Practice (FCRPP) Section IV, this local domestic violence protocol is established to ensure 24-hour accessibility to emergency protective orders and to establish written procedures for domestic violence matters in which there may be joint jurisdiction between the 19th Circuit and District Courts.
I. Uniform Protocol for Handling 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” ease 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 the circuit 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:
If at any time during the processing of a domestic violence case it is found there is a pending dissolution or custody matter, then consistent with FCRPP 12, the domestic violence case shall be reassigned to the circuit court with appropriate jurisdiction. The emergency protective order shall continue, and the summons to the appropriate court 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 the case is transferred, or for as long as the Court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed by the court of jurisdiction to which the case is transferred.
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 Court Clerks and deputy clerks
Sheriffs and deputy sheriffs
City police officers
Women's Crisis Center staff
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and on weekends/holidays:
Sheriffs and deputy sheriffs
City police officers
Women's Crisis Center staff
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
District Court Judge (for Fleming County) or Trial Commissioners (for Bracken and Mason Counties), as appropriate, or
Circuit Judge, if no other judge or trial commissioners can be located
D. Upon receipt of a petition after regular business hours during a weekday, the authorized agency/officer shall present the petition to the following:
District Court Judge (for Fleming County) or Trial Commissioners (for Bracken and Mason Counties), as appropriate, or
The assigned on-call judge or trial commissioner
E. Upon receipt of a petition after regular business hours during a weekend, the authorized agency/officer shall present the petition to the following:
The on-call trial commissioner assigned for all three counties.
The other trial commissioner, or District Court Judge, if available, or
Circuit Judge, if no other judge or trial commissioners can be located
F. 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.
G. The schedule for domestic violence hearings is as follows:
Bracken County: 1st Tuesdays at 1:00pm; 3rd Tuesdays at 11:00am & 5th Tuesdays at 10:30am
Fleming County: 1st Thursdays at 1:00pm; 3rd Thursdays at 10:30am & 5th Thursdays at 10:30am
Mason County: 1st Mondays at 1:00pm & 3rd Mondays at 1:00pm
NOTE: Domestic Violence hearings may be scheduled for the same time and date as hearings for related criminal charges.
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 civil contempt proceedings (AOC Forms available) should contact:
Bracken Circuit Clerk, 606-735-3328
Fleming Circuit Clerk, 606-845-7011
Mason Circuit Clerk, 606-564-4011
C. Petitioner's Failure to Appear or Prosecute
(1) 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 except for good cause shown on the record. Failure to appear may result in denial of the petition.
(2) When the Court conducts contempt proceedings in domestic violence actions, the party subject to contempt shall be represented by counsel, unless waived, and an attorney shall be appointed by the court if the party qualifies as an indigent.
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 March 30, 2012.
Bracken, Fleming and Mason Circuit Court App. A, KY R BRACKEN CIR CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document