Rule 4 Domestic violence protocol and 24 hour access policy
Baldwin's Kentucky Revised Statutes Annotated5th Judicial Circuit - Crittenden, Union and Webster Family Courts
KY CUWF Rule 4
Rule 4 Domestic violence protocol and 24 hour access policy
401 Procedures for Filing and Obtaining Emergency Protective Orders. Pursuant to KRS 403.735 and in compliance with FCRPP 13, the Twenty-Four Hour Accessibility to Emergency Protective Orders and Local Joint Jurisdiction Domestic Violence Protocol is attached hereto as Appendix A and incorporated herein by reference.
During the hours of 8:00 a.m.--4:00 p.m. Monday through Friday, a person who wishes to obtain an Emergency Protective Order should go to the Circuit Clerk's Office in their respective county and file a Domestic Violence Petition. At times other than these regular Circuit Court Clerk business hours, the person seeking protection should contact any sworn peace officer (local city police, sheriff's office or state police) or the County Attorney in their respective county to obtain a Domestic Violence Petition.
The above designated person, receiving a completed Domestic Violence Petitioner after regular Circuit Court Clerk business hours, is authorized to administer an oath to the Petitioner affirming the truthfulness as to the contents of the petition, and shall sign their name and office position to the petition as witness and verification of said oath.
The completed, sworn Domestic Violence Petition shall immediately be presented to the Family Court Judge of the 5th Judicial Circuit. If not available, the petition may be presented to any Trial Commissioner, District Judge or Circuit Judge of the 5th Judicial Circuit. If no authorized individual can be found in the 5th Judicial Circuit, the office shall present the verified petition to the Family Court Judge, Circuit Judge, District Judge or Trial Commissioner in any surrounding county.
B. Without limiting a party's choice of remedies, alleged violations of Domestic Violence Orders pertaining to visitation, child support, counseling, or firearms provisions should be initiated through the Crittenden Family Court, Union Family Court, and Webster Family Court and scheduled for contempt hearings on appropriate Crittenden, Union, and Webster Family Court dockets.
403 Cross-Referencing Cases. At the time the case is opened (whether the petition was taken during regular office hours or after hours), the Circuit Clerk, in accordance with the clerk's manual, shall check the index of circuit court cases to ascertain if a dissolution or child custody proceeding is pending. If it is determined a dissolution or child custody proceeding is pending and an EPO is issued, the Circuit Clerk shall, in accordance with the clerk's manual, cross-reference the “D” case with the dissolution or child custody case, Additionally, if a Domestic Violence Order (DVO) is issued, upon entry, the Circuit Clerk shall place a copy of the EPO/DVO in the dissolution or child custody case file.
Credits
HISTORY: Amended eff. 4-6-16. Prior amendments eff. 5-5-12. Adopted eff. 2-3-04.
Crittenden, Union and Webster Family Court Rule 4, KY R CRITTENDEN FAM CT Rule 4
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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