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Appendix A

Baldwin's Kentucky Revised Statutes Annotated43rd Judicial Circuit - Barren and Metcalfe Family Court

Baldwin's Kentucky Revised Statutes Annotated
43rd Judicial Circuit - Barren and Metcalfe Family Court
KY RBARF App. A
AppendixA
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
43RD JUDICIAL CIRCUIT AND DISTRICT
BARREN AND METCALFE 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. Preamble
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.
II. 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” 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 cases are civil matters within the purview of CR 41.01, and therefore a petitioner shall not be held or be subject to threats or intimidation of being held in contempt for failing to appear at a domestic violence hearing or failing to prosecute a criminal violation of a protective order.
D. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances:
1. The Family Court Judge in his discretion shall determine reassignment to another county on a case-by-case basis.
2. Consistent with FCRPP 12, the court in its discretion may transfer a domestic violence action to another circuit due to a pending dissolution or custody matter, and an emergency protective order shall remain in full force and effect and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) 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 to which such action has been transferred in accordance herewith.
III. 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:
1. Barren County: The Barren Circuit/District Clerk, or Deputy Clerk, with or without the assistance of the Barren County Victim Advocate, shall assist moving parties in processing the petition.
2. Metcalfe County: The Metcalfe Circuit/District Clerk, or Deputy Clerk, shall assist moving parties in processing the petitions.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
1. Barren County: The Victim Advocate (or, in her absence, the County Attorney or his or her assistant) shall assist moving parties in preparing the domestic violence petition.
2. Metcalfe County: The Domestic Violence Intake Assistant (or, in her absence, the County Attorney or his or her assistant) shall assist moving parties in preparing the domestic violence petition. In the event that Metcalfe County should acquire a Victim Advocate, then the Victim Advocate shall assist moving parties in preparing the domestic violence petition.
C. 1. The Family Court staff shall furnish the appropriate parties listed in the previous paragraphs with a schedule of available dates and times for hearings on the domestic violence docket in Family Court, so as to enable the petition preparers to assign an appropriate date and time for a domestic violence hearing.
2. The Circuit Clerk shall file the petition (and any Emergency Protection Order issued) as a domestic violence “D” case in the Family Court, regardless of which District Judge, Trial Commissioner, Circuit Judge or Family Court Judge ordered the filing of the petition. The clerk shall calendar the hearing by completing a scheduled event screen in the case management system and communicate to the Family Court staff the case number, style, and date and time such shall be docketed for hearing pursuant to KRS 403.745.
D. Upon receipt of a petition at any time, the authorized agency/officer shall present the petition to the following officials (in the following sequence depending on availability) for review within an hour of presentation:
1. Any District Court Judge or Trial Commissioner;
2. Family Court Judge; or
3. Circuit Court Judge
E. To facilitate the review of a domestic violence petition when no trial commissioner or judge is locally accessible, the petition may be delivered by FAX, if that method of communication is available, to and from the Trial Commissioner, District Court Judge, Family Court Judge, or Circuit Court Judge for review and to order the case to be filed; provided, however, that the original documents bearing original signatures shall be delivered as soon as practicable to the Circuit Clerk's Office for filing and entry.
F. The schedule for Domestic Violence hearings is as follows:
1. Barren County Domestic Violence Cases are generally heard every Friday from 8:30 a.m. until 12:00 O'clock Noon, Central Time.
2. Metcalfe County Domestic Violence Cases are generally heard every Thursday at 11:00 a.m., Central Time.
IV. 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. Persons seeking to initiate contempt proceedings should contact:
1. The Barren Family Court staff shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall prescribe procedures for docketing such matters for hearing by the Family Court Judge.
2. The Metcalfe Circuit Clerk's office shall assist aggrieved parties in processing affidavits supporting Domestic Violence Show Cause Orders. The Family Court staff shall prescribe procedures for docketing such matters for hearing by the Family Court Judge.
C. Nothing in this protocol shall be deemed to restrict the power of the Commonwealth to prosecute any person for the commission of any offense other than violation of a protective order in violation of KRS 403.763.
D. 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.
V. Amendment
A. The Barren Family Court staff shall assist moving parties in processing motions to amend domestic violence orders. The Family Court staff shall prescribe procedures for docketing such matters for hearing by the Family Court Judge.
B. The Metcalfe Circuit Clerk's office shall assist moving parties in processing motions to amend domestic violence orders. The Family Court staff shall prescribe procedures for docketing such matters for hearing by the Family Court Judge.
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 April 21, 2012.
Barren and Metcalfe Family Court App. A, KY R BARREN 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