24 Hour access to emergency protective orders
Baldwin's Kentucky Revised Statutes Annotated57th Judicial Circuit - Russell and Wayne Circuit Court
KY RRWC EPO
24 Hour access to emergency protective orders
TWENTY-FOUR (24) HOUR ACCESSIBILITY TO
EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
57th JUDICIAL CIRCUIT
Russell and Wayne Counties
Pursuant to KRS 403.735 (3), the Court hereby sets out its procedures for twenty-four (24) hour accessibility to emergency protective orders (EPO's): After regular office hours, on weekends and holidays, the Circuit Clerk of each county and all of his sworn deputies; the County Jailer of each county and all of his sworn deputies; the County Sheriff of each county and all of his sworn deputies; the County Attorney of each county and all of his office staff, the chiefs of Police for the Cities of Jamestown, Russell Springs and Monticello and all sworn officers within those departments; and any Kentucky State Police Officers assigned to Russell and Wayne County, are hereby authorized to provide Domestic Violence Petitions to any person seeking same. Further, all said persons are hereby authorized to verify said Domestic Violence Petitions for the persons seeking same.
Any above authorized person who comes in receipt of a completed Domestic Violence Petition is authorized to administer an oath affirming the truthfulness of the contents of the petition, to the person completing same, and shall have said person sign their name to the said petition. The person so administering said oath shall also affix their signature and office position to said petition in witness and in verification of said oath.
Said sworn Domestic Violence Petition shall then immediately be presented, by the person verifying same, to any on-duty Sheriff or Deputy Sheriff in each county, any on-duty police officer of each of the cities listed above, or any on-duty Kentucky State Police Officer who shall then immediately present same to any District Judge, District Court Trial Commissioner or Circuit Judge who is found within the County.
In the even no Judge or Trial Commissioner can be found within Russell or Wayne County, Kentucky, the petition may be presented to any District Judge, District Court Trial Commissioner, or Circuit Judge in any surrounding county, who may sign and issue a Domestic Violence Emergency Protective Order if deemed appropriate.
B. If a verified motion is filed in the dissolution or child custody proceeding, the motion must be submitted on AOC 275.1, pursuant to KRS 403.730(2), and shall be assigned a domestic violence “D” case number with the appropriate trailer number regardless of the fact that it was filed as a motion in the Circuit Court dissolution or child custody case.
1. If no dissolution or child custody proceeding is pending in circuit court the clerk shall deliver the petition to the District Judge, Trial Commissioner, or Circuit Judge if no District Judge or Trial Commissioner is available. If an EPO is issued, the clerk shall file the petition as a domestic violence “D” case and schedule a domestic violence hearing in the District Court. If there are cases involving the same parties that have been previously filed, assign this case to the District Judge who handled the previous case.
3. Procedure for domestic violence petitions filed after regular business hours and weekends. Upon receipt by the clerk of a verified domestic violence petition taken after regular business hours (after hours and weekends), and a domestic violence hearing has already been scheduled with the District Judge, the Deputy Clerk shall check the index of Circuit Court cases to ascertain if a dissolution or child custody proceeding is pending.
A. If no dissolution or child custody proceeding is pending in the Circuit Court, the clerk shall file the petition (and the protective order issued, if any) as a domestic violence “D” case in the District Court, regardless of which District Judge, Trial Commissioner or Circuit Judge ordered that the petition be filed; and, calendar the hearing by completing a scheduled event screen in SUSTAIN.
B. If it is determined that a dissolution or child custody proceeding is pending in Circuit Court, the Deputy Clerk shall notify the District Judge of the pendency of same. The District Judge shall conduct the scheduled domestic violence hearing; and, at that hearing reassign the “D” case to the Circuit Judge. The District Judge shall extend the emergency protective order, if warranted, until the matter can be heard by the Circuit Judge. If the Circuit Judge will be unable to hear the matter before the expiration of the emergency protective order's twenty-eighth (28th) day, the District Judge shall issue a domestic violence order, if warranted, which is effective only until the matter can be heard by the Circuit Judge. (The DVO shall not be termed temporary as that may prevent entry into the LINK system. The DVO should be issued for a number of days certain which shall be determined by the Circuit Judge's next available date for a hearing on the matter. At that bearing the Circuit Judge shall amend the DVO, if appropriate, for an additional period of time not to exceed 36 months).
Russell--First, Second, Third and Fourth Mondays
Wayne--First, Second, Third and Fourth Tuesday
The Motion Day for the Circuit Court is scheduled for:
Russell--First Wednesday after Second Monday
First Tuesday after Fourth Monday
Wayne--Second and Fourth Monday of each month
5. If while a Domestic Violence matter is pending in the District Court, a dissolution or child custody proceeding is filed in the Circuit Court, the presiding District Judge may in his discretion enter or continue such protective orders and process deemed necessary and reassign the matter for final hearing to the Circuit Judge.
If a District Judge has issued the EPO or DVO and no dissolution or child custody case is pending, the District Judge will hear any contempt proceeding for violation of condition(s) of an Emergency Protective Order or Domestic Violence Order.
If the domestic violence case has been assigned to the Circuit Judge due to a pending dissolution or child custody case, and the Circuit Judge has issued or modified the EPO or DVO, the Circuit Judge will hear any contempt proceeding for violation of condition(s) of an Emergency Protective Order or Domestic Violence Order. However, any contempt proceeding occurring after a final decree in dissolution case will be heard by a District Judge.
7. If it is discovered that a dissolution or child custody proceeding is pending in another county in the Commonwealth the presiding District Judge may, in his discretion, retain the matter OR transfer the matter to the Circuit Judge of the county in which the dissolution or child-custody case is pending.
If, pursuant to KRS 403.760, a peace officer arrests a respondent for violation of a protective order; or, a criminal warrant or summons is issued for a respondent for violation of a protective order, the District Court shall arraign and proceed with trial and final disposition for the criminal offense of violating an EPO or DVO, even if the order was issued or was modified by the Circuit Court. Civil proceedings and criminal proceedings for violation of a protective order for the same violation of a protective order are mutually exclusive; therefore, the criminal case should never be dismissed. If this occurs, the case cannot be heard as civil contempt. KRS 403.760(5) states that “[o]nce either proceeding has been initiated the other shall not be undertaken regardless of the outcome of the original proceeding.”
____________________
Robert L. Wilson
Judge, 57th Judicial Circuit
Credits
HISTORY: Amended effective April 21, 2003.
Russell and Wayne Circuit Court EPO, KY R RUSSELL CIR CT EPO
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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