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. Logan and Todd Counties do not have a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01, relating to voluntary dismissal of cases. Domestic violence matters may be reassigned from the Logan/Todd District Court to the Logan/Todd Circuit Court when there is a dissolution/custody proceeding pending or if a dissolution/custody proceeding is filed during the pendency of the District Court matter. The decision to reassign is within the discretion of the District Judge, who may retain and decide the matter or, enter or continue such protective orders and process deemed necessary and reassign the matter on a date certain on the next available motion day for final hearing before the Circuit Court. In no event shall a case in which a protective order is entered be reassigned to another judge on a date beyond the period of time such orders may legally remain in effect.

D. Domestic violence cases may be reassigned or transferred to another circuit under the following circumstances:

After hearing the evidence from all the parties in considering whether to issue a DVO, the Judge may in his or her discretion transfer the case to the District or Circuit Court of another county where a related marital dissolution or child custody matter is pending. Pursuant to FCRPP 12, any emergency protective order issued in a case that is transferred shall continue and the summons shall be reissued by the initiating Logan/Todd County Circuit or District Court or trial commissioner, 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.

A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:

During hours when the Todd and Logan County Circuit Court Clerks' Offices are open persons seeking an EPO or DVO shall be sent to that office to fill out a petition.

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 agencies in this Circuit, including but not limited to, the Logan County Sheriffs Office, the Todd County Sheriffs Office and all other law enforcement agencies within the Circuit including the Kentucky State Police Posts (Bowling Green & Nortonville) shall keep and maintain on hand the necessary blank Domestic Violence Petition (AOC-275,1) forms and Emergency Protective Order (EPO) forms (AOC-275.2) to be available to law enforcement officers on all shifts for use when the Circuit Court Clerk's Office is closed. The law enforcement officer involved will then supply a petition form and contact a judicial officer directly by telephone after it is completed by the petitioner as indicated below.

Any person alleged to be a victim of domestic violence shall be informed by the law enforcement officer that they may fill out a domestic Violence Petition and have the matter immediately presented to a judicial officer for consideration.

During hours when the Circuit Clerk's Office is open, persons seeking an EPO mayl¹ be sent to that office to fill out a petition. After office hours, the officer shall follow instructions given by the judicial officer in telefaxing or delivering the completed petition and EPO form to the judicial officer. Judicial officers may be reached by telephone on a 24 hour basis through the emergency dispatch centers in each county.

Domestic Violence Petitions may be verified (sworn) before any police officer, notary public, the County Attorney of either county or the Commonwealth Attorney.

C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:

If no dissolution or child custody proceeding between the same parties is pending or a petition for dissolution or child custody has not been filed contemporaneously in the Circuit Court, the petition shall be presented to the District Judge. If the District Judge is unavailable, the clerk shall seek the consideration of the Circuit Judge who shall schedule any further hearings for the domestic violence session of the District Court. If neither judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the domestic violence session of the District Court.

If a dissolution or child custody proceeding between the same parties is pending or a petition for dissolution or child custody is filed contemporaneously with the domestic violence petition, the petition shall be presented to the Circuit Judge for consideration. If the Circuit Judge is unavailable, the clerk shall seek the consideration of the District Judge who shall schedule any further hearings for the Circuit Court on a motion day. If neither Judge is available, the clerk shall seek the consideration of the Trial Commissioner who shall schedule any further hearing for the Circuit Court on motion day.

D. Upon consideration of a petition after regular business hours, weekends and holidays, the authorized agency/officer identified in B. above shall present the petition to the following:

If no dissolution or child custody proceeding between the same parties is known to be pending in the Circuit Court, the District Judge shall be contacted to consider the petition. Any further hearing shall be scheduled for the domestic violence session of the District Court. If the District Judge is not available, the Trial Commissioner shall be contacted to consider the petition. Any further hearing shall be scheduled by him for the domestic violence session of the District Court. If neither the District Judge nor the Trial Commissioner is available, the Circuit Judge shall be contacted to consider the petition. Any further hearing shall be scheduled by him for the domestic violence session of the District Court.

If a dissolution or child custody proceeding between the same parties is known to be pending in the Circuit Court, the Circuit Judge shall be contacted to consider the petition and any further hearing shall be scheduled before the Circuit Court on motion day. If the Circuit Judge is not available, the District Judge shall be contacted to consider the petition and shall schedule any further hearing before the Circuit Court on motion day. If neither Judge is available, the Trial Commissioner shall be contacted to consider the petition and any further hearing shall be scheduled by him before the Circuit Court on motion day.

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, or unless otherwise ordered by the judge.

F. The schedule for domestic violence hearings is as follows:

Logan District Court--Each Wednesday at 9:30 a.m

Todd District Court--Each Tuesday at 9:00 a.m.

Logan Circuit Court--Each Thursday at 2:30 p.m.

Todd Circuit Court--Each Wednesday at 10:30 a.m.

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 based upon the alleged violation of an EPO or DVO by the Respondent should contact the Office of the Logan/Todd Circuit Court Clerk, who will set the matter for a hearing on the next available domestic violence docket.

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.

D. Post DVO Proceedings (including Contempt Proceedings and Motions to Amend). All matters raised concerning a Domestic Violence Petition arising after the original hearing on the Petition, including motions to amend or actions for contempt for violation of the conditions of an EPO or DVO shall be heard by the judge of the court to which it is assigned under the local rules above. This procedure shall be followed even where the Circuit Court has disposed of the marital dissolution action or other domestic action which initially caused the assignment or reassignment of the case to the Circuit Court. The District Judge may, in his or her discretion, reassign a Domestic Violence action to the Circuit Court in any case where a contempt motion or motion to amend is made in a domestic violence action and a related domestic action is then pending in Circuit Court.