Protocol for Domestic Violence Cases for the District and Circuit Courts of Lincoln, Pulaski an...
Baldwin's Kentucky Revised Statutes Annotated28th Judicial Circuit - Lincoln, Pulaski and Rockcastle Circuit Court
KY LPRC DV Protocol
Protocol for Domestic Violence Cases for the District and Circuit Courts of Lincoln, Pulaski and Rockcastle Counties
I. TWENTY-FOUR HOUR AVAILABILITY
B. After regular office hours, on weekends or holidays, or at any other time that the office of the Circuit Court Clerk is closed, the following persons are authorized to provide domestic violence petitions to any person seeking same, and are authorized to verify said domestic violence petition for persons seeking same:
The Circuit Clerks of Pulaski, Lincoln, and Rockcastle Counties, and all of their sworn deputies;
The Sheriffs of Pulaski, Lincoln and Rockcastle Counties and all other sworn deputies and dispatchers;
The Jailers of Pulaski, Lincoln, and Rockcastle Counties, and all of their sworn deputies;
The County Attorneys of Pulaski, Lincoln, and Rockcastle Counties, and any Assistant County Attorneys or office staff employees;
The Chief of Police for the cities of Somerset, Mt. Vernon, Stanford, and any other incorporated city in Pulaski, Lincoln, or Rockcastle Counties, and all sworn officers and dispatchers within their departments;
Any Kentucky State Police officer assigned to Pulaski, Lincoln or Rockcastle Counties;
C. Any of the authorized persons listed above who are in receipt of a domestic violence petition are authorized to administer an oath to the petitioner, witness the signing of the petition by the petitioner, and affix his or her signature and office held to said petition in witness and in verification of the petitioner's oath.
E. In the event that no judge or trial commissioner can be found within the county, the said petition may be presented to any district judge, district court trial commissioner, or circuit judge in any surrounding county who may issue the domestic violence emergency protective order in his or her discretion.
II. DOMESTIC VIOLENCE PROTOCOL
A. A purpose of this protocol is to guide the Circuit Court Clerks of Pulaski, Lincoln and Rockcastle Counties in the assignment of domestic violence cases to the appropriate judge. This protocol establishes the order in which judges should be sought for consideration of domestic violence petitions. It should be remembered, however, that any circuit or district judge has the authority to issue emergency protective orders or other domestic violence orders on an emergency basis in any case arising within his or her circuit or district.
2. If a verified motion for an emergency protective order or a domestic violence order is filed in a dissolution or child custody proceeding, the motion must be filed on AOC form 275.1, as a petition, pursuant to KRS 403.720(2), and it shall be assigned a domestic violence “D” case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
4. Responsibility for LINK entry shall lie with the deputy clerk in district court regularly assigned this responsibility during the regular office hours of the applicable circuit court clerk; and shall lie with the dispatcher of the applicable police department or sheriff's office at other times. A copy of all Emergency Protective Orders issued during non-office hours shall be made available or delivered to the appropriate clerk's office at the beginning of the next regular office day.
III. PROCEDURE FOR DOMESTIC VIOLENCE PETITIONS FILED DURING REGULAR OFFICE HOURS:
A. At the time a domestic violence “D” case is opened, the deputy clerk will check the index of the circuit court cases to ascertain if a dissolution or child custody case is pending. Note: “Pending” means that no final decree has been entered. If a final decree was entered, the case is not “pending.”
1. If the parties identified in a domestic violence petition have a case pending in the circuit court involving the dissolution of their marriage or custody of their children, the circuit clerk shall cause the appropriate documents to be delivered to the circuit judge in whose division the case is pending. If that circuit judge is unavailable, the clerk shall seek the consideration of the matter by any of the following judicial officers, in the order listed: First, if the circuit judge in whose division the case is pending is unavailable, the clerk should seek the consideration of the other circuit judge; second, if the other circuit judge is also unavailable, the clerk should seek the consideration of a district judge; third, if no circuit judge or district judge is available, the circuit clerk shall seek consideration of the matter by a district court trial commissioner, if such a commissioner is serving in the particular county. Finally, if none of the foregoing can be located, the clerk shall seek consideration of any circuit or district judge in any surrounding county.
3. The clerk shall cross-reference the newly filed “D” case with the dissolution or child custody case. Additionally, if a domestic violence order is issued, upon entry the clerk shall place a copy of the EPO/DVO in the pending circuit court case file. The individual clerk (or deputy clerk) handling the petition shall also deliver a copy of the EPO/DVO for LINK entry to the deputy clerk charged with that responsibility.
1. If the parties to a domestic violence matter are not involved in a pending circuit court action for dissolution of marriage or child custody, the clerk shall deliver the petition to a district judge or district court trial commissioner. If neither are available, the clerk shall cause the petition to be delivered for consideration to any circuit judge. If an EPO is issued, the clerk shall file the petition as a domestic violence “D” case, and schedule a domestic violence hearing in the district court, in accordance with the schedule set forth below. If there is pending in one division of the district court a case involving the same parties, the clerk should assign the new petition to the judge of that division.
IV. PROCEDURE OUTSIDE CIRCUIT CLERK'S REGULAR OFFICE HOURS, INCLUDING NIGHTS AND WEEKENDS:
1. If it can be determined that a dissolution action or child custody action is pending within the county in circuit court, the circuit judge presiding over the pending case. If that judge is unavailable, then to the other circuit judge or a district judge, or district court trial commissioner, in that order;
B. Upon receipt by the clerk of a verified domestic violence petition taken after regular business hours, including nights and weekends, and a domestic violence hearing has already been scheduled with the district judge, the deputy clerk shall check the index of circuit court cases to ascertain if a dissolution or child custody case is pending.
1. If it is determined that no dissolution or child custody case is pending, the clerk shall file the petition (and the protective order issued, if any) as a domestic violence “D” case in the district court, regardless of which district judge, trial commissioner or circuit judge ordered that the petition be filed. The clerk shall calendar the hearing by completing a scheduled event screen in SUSTAIN.
V. HEARING SCHEDULE:
If the initial domestic violence petition is considered by a circuit judge, and there is no motion day of the circuit court within fourteen (14) days, that circuit judge shall set a date and time for a hearing within 14 days.
If, because of the unavailability of a circuit judge, the initial domestic violence petition is considered by a district judge or a district judge trial commissioner, and there is no circuit court motion day within 14 days of the initial domestic violence motion or petition, the matter shall be set for hearing on a district court domestic violence session to be held within 14 days. At the hearing on such a matter the district court judge may in his or her discretion enter any orders for temporary child custody, temporary child support, temporary child visitation, or such protective orders and process as are deemed necessary and appropriate under the circumstances.
VI. CIRCUIT COURT PROCEEDINGS COMMENCING DURING PENDENCY OF DISTRICT DVO MATTER:
If while a domestic violence matter is pending in the district court, a dissolution proceeding or a child custody matter is filed in the circuit court involving the same parties, the presiding district judge may in his or her discretion enter or continue such protective orders and temporary measures as are deemed necessary and appropriate under the circumstances. Thereafter, the matter shall be reassigned to the circuit court for consideration along with the pending circuit court action.
VII. CASES PENDING CONCURRENTLY IN TWO COUNTIES:
When, during the pendency of a domestic violence matter, it is discovered that a dissolution or child custody proceeding is pending in the circuit court of another county within the Commonwealth of Kentucky, the judge presiding over the domestic violence matter shall determine whether to retain the case or to transfer it to the county where the dissolution/child custody case is pending. If the dissolution/child custody case commenced in circuit court prior to the issuance or the domestic violence order, the case shall be transferred to the dissolution/child custody action. Otherwise, the judge presiding over the domestic violence matter shall correspond with the judge presiding over the dissolution/child custody action for a consultation on whether, under the circumstances particular to that case, the domestic violence should be merged with the pending circuit court action in the other county.
VIII. CONTEMPT PROCEEDINGS:
If no circuit court or child custody case is pending when the contempt order is sought, then the judge which issued the EPO or DVO should conduct any contempt proceeding arising therefrom. If there is a dissolution or child custody action pending in circuit court when the contempt order is sought, the circuit judge presiding over the case should conduct the contempt proceeding.
IX. MOTIONS TO AMEND DOMESTIC VIOLENCE ORDERS:
Motions to amend a domestic violence order shall be submitted to the judge which issued same, unless there is currently pending an action in circuit court for dissolution or child custody. In that event, the judge presiding over the dissolution/child custody case shall consider any motions to amend the domestic violence order.
X. CRIMINAL CHARGES:
Pursuant to KRS 403.760, a peace officer having probable cause to believe that a violation of an EPO or DVO has occurred shall arrest the alleged violator; and, the Commonwealth of Kentucky can prosecute for the violation of a EPO or DVO. Jurisdiction for the criminal offense of violating an EPO or DVO lies in the district court, even if the order was issued or modified by the circuit court. Civil proceedings for the violation of an EPO or DVO and criminal proceedings for the same violation are mutually exclusive. KRS 403.760(5) provides that once either proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding. If an alleged violation of an EPO or DVO is commenced as a criminal misdemeanor action, no civil contempt proceeding can ensue. If an alleged violation of an EPO or DVO is commenced as a civil contempt proceeding, no subsequent misdemeanor charge can be brought arising from the same violation.
Credits
HISTORY: Amended effective March 9, 2001.
Lincoln, Pulaski and Rockcastle Circuit Court DV Protocol, KY R LINCOLN CIR CT DV Protocol
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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