Appendix 1
Baldwin's Kentucky Revised Statutes Annotated2nd Judicial Circuit - Mccracken Family Court
KY RMFC App. I
Appendix 1
TWENTY-FOUR HOUR ACCESSIBILITY TO PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION PROTOCOL
2nd JUDICIAL CIRCUIT AND DISTRICT
McCRACKEN COUNTY
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.
The Circuit Court Clerk of McCracken County and any of their sworn deputy clerks;
The County Attorney of McCracken County and any Assistant County Attorneys.
The Circuit Clerk of McCracken County, and all of their sworn deputies;
The Sheriff of McCracken County and all other sworn deputies and dispatchers;
The Jailer of McCracken County and all of their sworn deputies;
The County Attorney of McCracken County and any Assistant County Attorney;
The Chief of Police for the city of Paducah and any other incorporated city in McCracken County and all sworn officers and dispatchers within their departments;
Any Kentucky State Police Officer found in McCracken County.
McCracken Family Court Judge, if available. In the event that the McCracken Family Court Judge is unavailable, the petition shall be presented to a McCracken District Court Judge and then to a McCracken Circuit Court Judge of general jurisdiction if a District Court Judge is unavailable.
McCracken Family Court Judge, if available. In the event that the McCracken Family Court Judge is unavailable, the petition shall be presented to a McCracken District Court Judge and then to a McCracken Circuit Court Judge of general jurisdiction if a District Court Judge is unavailable.
Wednesday at 9:00 a.m., unless otherwise scheduled by the McCracken Family Court.
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.
Credits
HISTORY: Amended effective February 4, 2016. Prior amendments effective July 5, 2012.
McCracken Family Court App. I, KY R MCCRACKEN FAM CT App. I
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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