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Appendix 1

Baldwin's Kentucky Revised Statutes Annotated20th Judicial Circuit - Greenup and Lewis Family Courts

Baldwin's Kentucky Revised Statutes Annotated
20th Judicial Circuit - Greenup and Lewis Family Courts
KY RCLF App. 1
Appendix1
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
20TH JUDICIAL CIRCUIT AND DISTRICT
GREENUP AND LEWIS COUNTIES
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Procedure and Practice (FCRPP) Section IV, this local domestic violence protocol is established to ensure twenty-four hour accessibility to emergency protective orders and to establish written procedures for domestic violence matters in which there may be joint jurisdiction between the circuit/family and district courts.
I. Uniform Protocol for Processing Cases
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 may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending.
D. No jurisdiction shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
Domestic violence cases shall be reassigned or transferred to another circuit when there is a dissolution or child custody proceeding pending in another circuit. Consistent with FCRPP 12, when the case is transferred to another circuit due to a pending dissolution or custody matter, an 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.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:
Greenup Circuit Court Clerk's Office
Lewis Circuit Court Clerk's Office
Any police officer
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
If a petition is sought after normal business hours, any police officer may assist the petitioner in the preparation of the petition. Any police officer designated by his/her department to do so may administer an oath to the petitioner.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
Once the petition is signed under oath, the Clerk or the police officer shall immediately take the petition to the District Court Judge for review. If the District Judge is not available, then same shall be taken to the Trial Commissioner for review. If the Trial Commissioner is not available, then same shall be taken to the Family Court Judge for review. If the Family Court Judge is not available, then same shall be taken to the Circuit Court Judge--Division I for review.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
Once the petition is signed under oath, the Clerk or the police officer shall immediately take the petition to the District Court Judge for review. If the District Judge is not available, then same shall be taken to the Trial Commissioner for review. If the Trial Commissioner is not available, then same shall be taken to the Family Court Judge for review. If the Family Court Judge is not available, then same shall be taken to the Circuit Court Judge--Division I for review.
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.
F. The schedule for domestic violence hearings is as follows:
1. Domestic Violence cases shall be held on each Wednesday at 10:00 a.m. for all Greenup Family Court actions and shall be held on each Thursday at 9:30 a.m. for all Lewis Family Court actions. The Circuit Court Clerk's Office shall schedule the time for said hearing within 14 days of the date of the petition.
2. Domestic Violence motions shall be noticed for the following Wednesday at 10:00 a.m.
III. Contempt Proceedings
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 contact:
Any allegation of a violation of a Domestic Violence Order shall be set forth in writing and filed at the Circuit Court Clerk's Office who shall assign a hearing date for said hearing.
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.
All general orders, forms, policies and procedures relating to domestic violence within the judicial circuit are attached to this protocol and incorporated by reference.

Credits

HISTORY: Adopted effective August 17, 2012.
Greenup and Lewis Family Court App. 1, KY R GREENUP LEWIS FAM CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document