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Appendix A-5 Twenty-Four Hour Accessibility to Protective Orders and Local Joint Jurisdiction P...

Baldwin's Kentucky Revised Statutes Annotated8th Judicial Circuit - Warren Family Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial Circuit - Warren Family Court
Appendices
KY RWFC App. A-5
Appendix A-5 Twenty-Four Hour Accessibility to Protective Orders and Local Joint Jurisdiction Protocol--8th Judicial Circuit and District Warren County
Currentness
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. Uniform Protocol for Processing 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 actions may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending. Warren Circuit Court Clerks shall not assign any domestic violence action to the District Court.
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:
At the discretion of the assigned Family Court Judge, a domestic violence action may be reassigned or venue transferred as follows:
1. If neither party resides in Warren County, an order transferring venue may be entered;
2. If a dissolution of marriage action is pending in another circuit and the the1 Petitioner agrees that the domestic violence action be transferred, an order transferring venue may be entered. If the Petitioner resides in Warren County and does not agree to transfer, the action may continue in Warren Circuit Court Cottrell v. Cottrell, 114 S.W.3d 257 (Ky. App. 2002);
3. If a custody action is pending in another circuit, the custody issue may be segregated from the domestic violence action and transferred to another circuit or the assigned Judge may transfer the entire domestic violence action if the petitioner agrees; and
4. If a dissolution of marriage action, child custody action or juvenile action is pending in another Warren Circuit Court division, an order transferring to the other division shall be entered to maintain the “one judge-one court” policy of the Warren Family Court.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be 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 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. If the emergency protective order (EPO) has been served upon the Respondent, a reissuance of the emergency protective (EPO) shall be served upon both parties along with a summons giving notice of the hearing date (not to exceed fourteen days) 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:
A verified petition for an Emergency Protective Order (EPO) may be filed at the Domestic Violence Clerk's Office during working hours (8:00 a.m. --4:00 p.m.). Any person may call either law enforcement or 911 for immediate emergency assistance. Language interpretation will be provided at the Warren Circuit Court Clerk's Office.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to the Petitioner after regular business hours and weekends:
Bowling Green Police Department
270-393-2473
911 Kentucky Street
Bowling Green, KY 42101
Warren County Sheriff's Office
270-842-1633
429 East Tenth Street, Suite 102
Bowling Green, KY 42102
Kentucky State Police Post
270-782-2010
3119 Nashville Road
Bowling Green, KY 42102
Western Kentucky Police Department
270-745-2548
1906 College Heights Boulevard #11050
Bowling Green, KY 42101
A verified petition for an emergency protective order (EPO) may be filed at any law enforcement office, including the Bowling Green Police Department, Warren County Sheriff's Office, or the Kentucky State Police Post. If petitioner is a student at or a person on the campus of Western Kentucky University (WKU), the verified petition may be completed at the WKU Police Department Any person may call law enforcement or 911 for immediate emergency assistance. Language interpretation will be provided at the law enforcement agencies or the Warren Circuit Court Clerk's Office.
C. Upon receipt of a petition during regular business hours:
The authorized agency/officer shall present the petition to the assigned Family Court Judge. If the assigned Judge is not available, then the clerk shall present the petition to an available Family Court Judge. If neither Family Court Judge is available, then the clerk shall present the petition to an available District or general jurisdiction Circuit Judge.
D. Upon receipt of a petition after regular business hours:
The authorized agency/officer shall present the petition to the on-call Family Court Judge. Law enforcement will be given the on-call Family Court Judges' schedule at the beginning of the year with amendments as schedule changes occur. From time to time, another Judge may cover for the on-call Family Court Judge. The name of the covering Judge will be provided to law enforcement. Upon completion of the petition, the officer shall immediately telephone the Judge for his or her location and then present the petition to the on-call Family Court Judge or other covering Judge to review the domestic violence petition. Upon review the Judge shall issue the emergency protective order (EPO) and summons if warranted or take other necessary action. If the emergency protective order (EPO) and/or the summons are issued, the law enforcement officer/agency shall make every reasonable effort to immediately perfect personal service upon the Respondent. Telephone notification shall not be given to the Respondent prior to the service of the actual EPO. The law enforcement officer shall give information to the Petitioner regarding the Barren River Area Safe Space (BRASS) regardless of whether the emergency protective order (EPO) or summons has been issued.
E. Petitions will be reviewed within an hour of presentation to a Judge unless it is impossible due to the unavailability of a Judge.
F. The schedule for domestic violence hearings is as follows:
1. WARREN CIRCUIT, DIVISION III--Monday: 9:00 a.m.
2. WARREN CIRCUIT, DIVISION IV--Monday: 1:00 p.m.
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:
Warren Circuit Court Clerk's Office
1001 Center Street
Bowling Green, KY 42101
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: Amended effective April 4, 2012.

Footnotes

1
So in original.
Warren Family Court App. A-5, KY R WARREN FAM CT App. A-5
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document