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Appendix A

Baldwin's Kentucky Revised Statutes Annotated18th Judicial Circuit - Harrison, Nicholas, Pendleton and Robertson Family Court

Baldwin's Kentucky Revised Statutes Annotated
18th Judicial Circuit - Harrison, Nicholas, Pendleton and Robertson Family Court
KY HNPR App. A
Appendix A
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION PROTOCOL 18th JUDICIAL CIRCUIT AND DISTRICT HARRISON, PENDLETON, NICHOLAS AND ROBERTSON COUNTIES
Pursuant to KRS 403.735 and KRS 456.030, and in compliance with Family Court Rule of Practice and Procedure Section IV, 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 joint jurisdiction between the Circuit/Family and District Courts. Except as otherwise set forth herein all Circuit/Family court protocols shall remain in full force and effect.
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. 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.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours: CIRCUIT CLERK OFFICES, LOCAL POLICE OR SHERIFF DEPTS AND KY STATE POLICE AND COUNTY OR COMMONWEALTH ATTORNEYS
B. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends: LOCAL POLICE OR SHERIFF OFFICERS AND OR KY STATE POLICE OFFICERS AND COUNTY OR COMMONWEALTH ATTORNEYS
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: DISTRICT JUDGE, FAMILY COURT JUDGE OR CIRCUIT COURT JUDGE, OR ALTERNATIVELY THE DESIGNATED “ON-CALL” TRIAL COMMISSIONER
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: same persons set forth in paragraph C above
III. Assignment of Cases
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 interpersonal protective order cases to the District Court. Protective Orders stemming from child custody issues, dissolutions or stemming from a family relationship shall remain the jurisdiction of Family Court. This paragraph may be addressed from time to time to equalize the workload between courts.
D. The schedule for hearings on interpersonal protective orders is as follows: Harrison county: Mondays-11a.m.; Nicholas county: 1st,2nd 4th and 5th Wednesdays: 11:30 am; Pendleton county: Tuesdays-11a.m.; Robertson County: 1st, 2nd, 4th and 5th Wednesdays--9a.m.
Hearings for domestic violence protective orders shall remain as follows: Pendleton County: 1st and 3rd Mondays at 10:00 am; Robertson County: 1st and 3rd Tuesdays at 10:00 a.m.; Nicholas County: 1st and 3rd Tuesdays at 1:00 p.m.; Harrison County: 1st and 3rd Wednesdays at 10:00 a.m.
E. 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
A. 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.
B. Petitioners seeking to initiate contempt proceedings should contact: Their respective county attorney, or, by the filing of a written motion specifying the precise manner in which the Respondent is alleged to be in violation of a valid existing protective order of which the Respondent has personal notice.
C. No petitioner may be held in contempt for failure to appear at a domestic violence hearing or prosecute a criminal violation of a protective order.

Credits

HISTORY: Amended effective May 14, 2016. Adopted effective April 21, 2012.
Harrison, Nicholas, Pendleton and Robertson Family Court App. A, KY R HARRISON FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document