A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.

B. All protective order cases must be processed consistent with the rules and procedures set forth in the Kentucky Circuit Court Clerk's Manual.

C. 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.

D. “No drop” policies which place limitations on a petitioner's right to modify or withdraw a petition for a protective order are not permitted. Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.

E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.

F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040. Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.

A. All petitions for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) shall be filed with the Fayette District Court Domestic Violence Office located at 150 N. Limestone Street, Suite D-466 Lexington between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday or after hours with the District Court Fines Room Clerk located at 150N. Limestone Street, Suite D-157, Lexington or other approved emergency shelters pursuant to statute and with the agreement and understanding of the Fayette Circuit Court Clerk and the Fayette Circuit and District Court Judges.

B. The Circuit Court Clerk or their designee is authorized to take the petition and administer the oath to the Petition pursuant to the Kentucky Circuit Court Clerk's manual and KRS 403.725.

C. EPO and TIPO Petitions shall be presented to the Family Court Judge on duty for the week. If the on-duty Family Court Judge is out of the office, and/or will be unavailable for more than thirty minutes (30) minutes, the Petition will be presented to any available Family Court Judge. EPO Petitions involving ANY Family Court contact shall be assigned to that Family Court division. EPO Petitions involving a party with no previous Family Court contact shall be randomly assigned to a Family Court division by the Circuit Court Clerk.

A. Pursuant to KRS 403.735 and KRS 456.030, jurisdiction over petitions filed under this chapter is concurrent between district, circuit, and family court.

B. The judge reviewing a petition for an order of protection shall indicate in the “Court Action” section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.

C. The circuit clerk shall assign domestic violence and interpersonal protective order cases to the Family Court.

D. If an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) is issued, the Circuit Court Clerk shall file the Petition as a domestic violence “D” case in Family Court and schedule a Domestic Violence hearing with the appropriate Family Court Judge.

E. At the time the domestic case is opened, the Circuit Court Clerk shall check the index of Family Court Cases to ascertain if a Family Court case exists. If it is determined that a Family Court case exists, the Circuit Court Clerk shall cross-reference the “D” case with the Family Court case(s).

F. If a Domestic Violence Order (DVO) is issued, upon entry, the Circuit Court Clerk shall place a copy of the EPO/DVO in the dissolution or child custody case file.

G. The schedule for hearings on protective orders is as follows:

H. The Family Court may schedule other dates for hearings on protective orders as needed.

I. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing Judge shall re-issue a summons until the matter may be heard by the receiving Judge.

J. Pursuant to Smith v. Doe, 627 S.W.3d 903 (2021), in all cases where a Juvenile is a named party (Petitioner or Respondent, not simply protected party) the Clerk shall immediately notify the Court so that an Order to Seal the record can be entered. The Court will appoint counsel to represent the juvenile parties and make arrangements to ensure the confidentiality of all proceedings. The Family Court may confer with the Juvenile District Court to determine whether proceeding in Juvenile District Court is more appropriate. If the Family Court and Juvenile District Court agree that transfer to the Juvenile District Court docket is appropriate, the Family Court will provide notice to all parties of the date and time for parties to appear in front of the Juvenile District Court.

A. When it has been established by the Family Court that a dissolution or custody proceeding is pending in another county, the reviewing Judge shall first determine whether an EPO should be issued.

B. If an EPO issued, the Domestic Violence action shall be transferred to the county where the dissolution or child custody proceeding is pending, provided that the Circuit Court Clerk can schedule a hearing in the other county before the EPO expires.

C. If a hearing cannot be scheduled prior to the expiration of the EPO, the Circuit Court Clerk shall present the EPO to any available Family Court Judge for a period not to exceed fourteen (14) days until such time as the case can be heard in another county.

A. Upon verified allegations of the violation of an EPO or DVO, a show cause order shall issue setting a date, time and place where the Respondent shall appear to show cause why he or she should not be held in contempt for the violation.

B. Once the date for a show cause hearing is set, the court shall appoint counsel, if the Respondent is indigent, or permit the Respondent to obtain counsel, if not, before conducting a hearing.

C. Any person found to be in contempt of an EPO or DVO in a Domestic Violence proceeding shall be subject to all penalties appropriate for contempt, including incarceration.

D. All civil violations shall be heard by the Family Court, and all misdemeanor criminal violations shall be heard by the District Court. Pursuant to KRS 403.765(5} civil and criminal proceedings for violation of a protective order shall be mutually exclusive. After a proceeding has been initiated the other shall not be undertaken regardless of the outcome of the original proceeding.