Home Table of Contents

FCRPP 10 Issuance of summons

Baldwin's Kentucky Revised Statutes AnnotatedFamily Court Rules of Procedure and Practice

Baldwin's Kentucky Revised Statutes Annotated
Family Court Rules of Procedure and Practice
IV. Domestic Violence and Interpersonal Protective Orders
Kentucky Family Rules of Practice and Procedure FCRPP 10
FCRPP 10 Issuance of summons
(1) If an emergency protective order or temporary interpersonal protective order is not issued due to an insufficient relationship as identified in KRS 403.720(2) or (5), or KRS 456.030(1) or for failure to state an act or threat of domestic violence, dating violence and abuse, stalking or sexual assault between the parties, the finding of the insufficient relationship or failure to state an act or threat of domestic violence, dating violence and abuse, stalking or sexual assault shall be noted on the petition by the judge, and no summons shall be issued.
(2) If the relationship is one recognized under KRS 403.720(2) or (5) and there is a finding of domestic violence and abuse, dating violence and abuse, stalking or sexual assault and a finding of immediate and present danger, an emergency protective order or temporary interpersonal protective order shall be issued.
(3) If there is no finding of an immediate and present danger of domestic violence and abuse, dating violence and abuse, stalking or sexual assault when the relationship is one recognized under KRS 403.720(2) or (5), or KRS 456.030(1) but the court determines that domestic violence and abuse, dating violence and abuse, stalking or sexual assault exists, a summons shall be issued and a hearing shall be held to determine if a domestic violence order or interpersonal protective order should be issued. Any finding at the hearing shall constitute an appealable order.
(4) If a summons is issued for a minor child pursuant to KRS 403.730, service shall be in the manner prescribed in CR 4.04(3). If the minor child has no guardian or committee, a guardian ad litem shall be appointed pursuant to CR 17.03(2) and KRS 387.305.

Credits

HISTORY: Adopted by Order 2020-1, eff. 2-1-20

Editors' Notes

COMMENTARY
This rule is about civil protection orders and not about the automatic IPO issued post-conviction in criminal cases.
KY Family Court Rules FCRPP 10, KY ST FAM CT FCRPP 10
Current with amendments received through January 15, 2020.
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.