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Appendix 2. Twenty-Four Hour Accessibility to Protective Orders and Local Joint Jurisdiction Pr...

Baldwin's Kentucky Revised Statutes Annotated8th Judicial District - Warren District Court

Baldwin's Kentucky Revised Statutes Annotated
8th Judicial District - Warren District Court
Appendices
KY RWDC App. 2
Appendix 2. Twenty-Four Hour Accessibility to Protective Orders and Local Joint Jurisdiction Protocol
8th JUDICIAL CIRCUIT AND DISTRICT--WARREN COUNTY
Pursuant to KRS 403.725 and KRS 456.030, and in compliance with Rule 601 of the Rules of the Warren District Court Practice and Procedure of the 8th Judicial District and Rule 4 of the Uniform Rules of Practice of the Family Court of Warren County, this local protective order protocol is established to ensure twenty-four hour accessibility to emergency protective orders (EPOs) and temporary interpersonal protective orders (TIPOs) and to establish written procedures for matters in which there may be concurrent jurisdiction between the Circuit Family Courts and District Courts.
I. Uniform Protocol for Handling Cases
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.
E. 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.
F. 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.
G. 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 unless impossible due to no judge being available.
II. Twenty-four Hour Accessibility
H. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioners during regular business hours:
A verified petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) may be filed at the Domestic Violence Clerk's Office at the Warren County Justice Center, 1001 Center Street, Bowling Green, KY, 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.
I. The following agencies and officers are authorized to take protective order petitions and administer oaths to 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 42101
Kentucky State Police Post
270-782-2010
3119 Nashville Road
Bowling Green, KY 42101
Western Kentucky University Police Department
270-745-2548
1906 College Heights Boulevard #11050
Bowling Green, KY 42101
A verified petition for an Emergency Protective Order (EPO) or Temporary Interpersonal Protective Order (TIPO) 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 either 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.
J. Upon receipt of a protective order petition during regular business hours, the authorized agency/officer shall present the petition to the following:
Petitions for an EPO or TIPO shall be presented 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.
K. Upon receipt of a protective order petition after regular business hours, the authorized agency/officer shall present the petition to a Family Court Judge pursuant to an “After Hours Protocol,” as adopted by the Warren Circuit Family Court, which is as follows:
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 Family Court 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 or interpersonal protective petition. Upon review, the Judge shall issue the emergency protective order (EPO) and summons or temporary interpersonal protective order (TIPO) and summons, if warranted, or take other necessary action. If the emergency protective order (EPO) and/or the summons or the temporary interpersonal protective order (TIPO) 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 personal service of the actual EPO or TIPO. 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 or temporary interpersonal protective order (TIPO) or summons has been issued.
III. Assignment of Cases
L. Pursuant to KRS 403.735 and KRS 456.030, jurisdiction over petitions filed under this chapter is concurrent between district, circuit, and family circuit court.
M. 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.
N. The circuit clerk shall assign domestic violence hearings and interpersonal protective order cases to the Family Circuit Court,
O. The schedule for hearings on protective orders is as follows:
Domestic Violence hearings:
WARREN CIRCUIT, DIVISION III--Monday: 9:00 a.m.
WARREN CIRCUIT, DIVISION IV--Monday: 1:00 p.m.
Interpersonal Protective (Dating Violence) hearings:
WARREN CIRCUIT, DIVISION III--Monday: 9:00 a.m.
WARREN CIRCUIT, DIVISION IV--Monday: 1:00 p.m.
These dates are subject to change from time to time as may be ordered by the court for good cause.
P. 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.
IV. Contempt Proceedings
Q. Pursuant to KRS 403.763 and KRS 456.180, civil and criminal proceedings for violation of a protective order for the same violation of a protective order shall be mutually exclusive. Once a criminal or contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding.
R. Petitioners seeking to initiate contempt proceedings should contact:
Warren Circuit Court Clerk's Office
1001 Center Street
Bowling Green, KY 42101
S. No petitioner may be held in contempt for failure to appear at a protective order hearing,

Credits

HISTORY: Adopted effective August 31, 2023.
Warren District Court App. 2, KY R WARREN DIST CT App. 2
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document