Appendix 1
Baldwin's Kentucky Revised Statutes Annotated23rd Judicial Circuit - Estill, Lee and Owsley Circuit Court
KY ELOC App. 1
Appendix 1
TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT
JURISDICTION PROTOCOL
23rd JUDICIAL CIRCUIT AND DISTRICT
ESTILL, LEE, AND OWSLEY 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.
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.
Estill Circuit Clerk, and their Deputies;
Lee Circuit Clerk, and their Deputies;
Owsley Circuit Clerk, and their Deputies;
All Sworn Peace Officers of Any Police Agency;
Any 911 Dispatcher.
Estill Circuit Clerk, and their Deputies;
Lee Circuit Clerk, and their Deputies;
Owsley Circuit Clerk, and their Deputies;
All Sworn Peace Officers of Any Police Agency;
Any 911 Dispatcher.
To the Circuit Judge where a divorce or child custody proceeding is pending between Petitioner and Respondent; If the Circuit Judge is unavailable then to the District Judge; If the Circuit and District Judge is unavailable, then to any Trial Commissioner of the 23rd District. In all other cases the Petitions shall be submitted to the District Judge first; if the District Judge is unavailable, then to any Trial Commissioner of the 23rd District; if the District Judge and Trial Commissioners are unavailable then to the Circuit Judge.
To the Circuit Judge where a divorce or child custody proceeding is pending between Petitioner and Respondent; If the Circuit Judge is unavailable then to the District Judge; If the Circuit and District Judge is unavailable, then to any Trial Commissioner of the 23rd District. In all other cases the Petitions shall be submitted to the District Judge first; if the District Judge is unavailable, then to any Trial Commissioner of the 23rd District; if the District Judge and Trial Commissioners are unavailable then to the Circuit Judge.
(1) Circuit Court: The next regularly scheduled civil or family Court proceeding before the presiding judge except those cases where the hearing date is more than 14 days following the Court's ruling on an Emergency Protective Order Petition. In those case the matter will be assigned for hearing by the presiding judge on a day within 14 days of the ruling on the Emergency Protective Order Petition.
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.
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.
The Circuit Court Clerk's Office in the County where the EPO/DVO has been issued.
The undersigned hereby acknowledge that 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: Amended effective May 30, 2017.
Estill, Lee and Owsley Circuit Court App. 1, KY R ESTILL LEE OWSLEY CIR CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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