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Appendix A

Baldwin's Kentucky Revised Statutes Annotated12th Judicial Circuit - Henry, Oldham and Trimble Family Court

Baldwin's Kentucky Revised Statutes Annotated
12th Judicial Circuit - Henry, Oldham and Trimble Family Court
KY HOTF App. A
Appendix A
TWENTY-FOUR (24) HOUR ACCESSIBILITY TO EMERGENCY
PROTECTIVE ORDERS AND LOCAL JURISDICTION DOMESTIC
VIOLENCE PROTOCOL TWELFTH JUDICIAL CIRCUIT AND DISTRICT
OLDHAM, HENRY, & TRIMBLE 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 (24) hour accessibility to emergency protective orders and to establish written procedures for domestic violence matters in which there may be joint jurisdiction between Circuit/Family and District Courts.
I. Uniform Protocol for Handling Cases
A. All domestic violence cases must be processed consistent with the rules and procedures set forth in 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 county shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
E. When parties to a domestic violence case have pending outside this Family Court a dissolution or child custody action, the Family Court Judge presiding at the hearing may transfer the case to the jurisdiction in which the dissolution or child custody is pending. Consistent with FCRPP 12, when the case is 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 (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 of transfer.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to the petitioner during regular business hours: The appropriate Circuit Court Clerk's office or any law enforcement officer.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends: All law enforcement officers, Commonwealth and Assistant Commonwealth Attorneys, County and Assistant County Attorneys.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Family Court Judge, District Judge, trial commissioner (Henry and Trimble counties only), or Circuit Judge in that order of availability.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to the on call judge.
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:
Henry--1st & 3rd Tuesday at 2:00p.m. 2nd Tuesday at 3:00p.m.
Oldham--1st, 3rd, & 4th Friday at 11:00a.m.
Trimble--2nd & 4th Monday at 2:00p.m
The monthly calendar is subject to change, monthly calendars can be obtained from the Family Court legal assistant.
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 County or Assistant County Attorney. If the County Attorney believes contempt proceedings thru the Family Court are more appropriate, the petitioner will be directed to the Circuit Court Clerk's office to file an affidavit.
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 May 5, 2012.
Henry, Oldham and Trimble Family Court App. A, KY R HENRY 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