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 matters will be heard by the Family 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 may be reassigned or transferred to another circuit when it is discovered that a dissolution/child custody matter between the parties is pending in another county, the Family Court Judge may transfer the domestic violence case to the other county OR may retain the case and confer with the judge in the court where the dissolution/child custody matter is pending in the judge's discretion. Consistent with FCRPP 12, if the case is transferred to another circuit, any 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.

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

During regular office hours the petition should be obtained and filed in the Offices of the Clark or Madison Circuit Court Clerk.

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

Clark and Madison Circuit Court Clerks and all Deputy Clerks

Clark and Madison County Attorneys, Assistant County Attorneys and office staff

Clark and Madison County Jailers and all Deputy Jailers

Clark and Madison County Sheriffs and all Deputy Sheriffs

All city police officers located in Clark and Madison Counties

Kentucky State Police

Eastern Kentucky University Campus Police

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

The petition shall be presented to a family court judge for review and consideration regarding the issuance of an emergency protective order. If no family court judge is available, a district court judge shall be contacted for consideration of the emergency protective order. If no district court judge is available, a general jurisdiction circuit judge shall be contacted for review and consideration.

D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition for review and consideration regarding the issuance of an emergency protective order first to a family or district court judge according to the following first-call schedule:

Each such judge shall make a good faith effort to be accessible during his or her designated week, but in the event review of a domestic violence petition cannot be accomplished within one hour of initial contact, the next judge on the list shall¹

Each such judge shall make a good faith effort to be accessible during his or her designated week, but in the event review of a domestic violence petition cannot be accomplished within one hour of initial contact, the next judge on the list shall be contacted, and so on. Should the occasion ever arise where no family or district court judge can be contacted, then the general jurisdiction circuit judges of divisions I and II shall be contacted.

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

Clark County: Thursday* at 9:00 a.m.

Madison County: Wednesday* at 9:00 a.m.

These days are subject to the master calendar issued by the Court prior to each calendar year (which takes into account all holidays.) See FCLR25 2.01.

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 see FCLR25 2.02 and follow the same procedures for contempt.

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.