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Attachment “B”

Baldwin's Kentucky Revised Statutes Annotated29th Judicial Circuit - Adair and Casey Circuit Courts

Baldwin's Kentucky Revised Statutes Annotated
29th Judicial Circuit - Adair and Casey Circuit Courts
KY RACC Attachment B
Attachment “B”
TWENTY-FOUR HOUR ACCESSIBILITY TO EMERGENCY PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION DOMESTIC VIOLENCE PROTOCOL 29TH JUDICIAL CIRCUIT AND DISTRICT ADAIR AND CASEY COUNTY
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Practice and Procedure (FCRPP) Section IV, this local domestic violence protocol is established to ensure twenty-four hour accessibility to emergency protective orders and to establish written procedures for domestic violence matters in which there may be joint jurisdiction between the Adair/Casey County Circuit and District Courts.
I. Uniform Protocol for Processing Cases
A. Circuit court clerks shall process domestic violence cases in accordance with the procedures set forth in the “Domestic Violence Proceedings” section of the Kentucky Circuit Clerk's Manual.
B. 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.
C. Domestic violence matters may be reassigned from the District Court division to the Circuit Court division in each respective county when there is a dissolution/custody proceeding pending in that county.
D. Domestic violence cases are civil matters within the purview of CR 41.01 and there is not a “no-drop” policy in Adair/Casey County.
E. Domestic Violence cases shall be reassigned or transferred to another circuit if a Petition is filed in this county and it is later discovered that a dissolution/child custody case is pending in another county, then and in that event the case should be immediately transferred to that county. Pursuant to FCRPP 12, any emergency protective order issued in a case that is transferred shall continue and the summons shall be reissued by the initiating Court or Trial Commissioner, pursuant to KRS 403.740(4), for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the date of transfer, or as the court determines is necessary for the protection of the petitioner. Thereafter, reissuance of the summons shall occur as needed in the court of transfer.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:
Adair County Circuit Clerk and all sworn deputies
Casey County Circuit Clerk and all sworn deputies
Kentucky State Police officers assigned to Adair/Casey County
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Casey Circuit Clerk and all sworn deputies
Casey County Sheriff and all sworn deputies
Casey County Attorney and the Casey County Attorney's Office Staff
City of Liberty Chief of Police and all sworn officers in the department
Adair Circuit Clerk and all sworn deputies
Adair County Sheriff and all sworn deputies
Adair County Attorney and the Adair County Attorney's Office Staff
City of Columbia Chief of Police and all sworn officers in the department
Kentucky State Police officers assigned to Adair and Casey Counties
C. Upon receipt of a petition during regular business hours, the petition or motion shall be filed with the District Clerk, who has been designated by the Circuit Court Clerk as the Clerk of the Domestic Violence Session.
If no dissolution action is pending in this Circuit Court, the matter shall be docketed in the District Court's Domestic Violence session. The clerk shall deliver the appropriate documents to the District Judge, Trial Commissioner, or Circuit Judge, if no District Judge or Trial Commissioner is available. The matter will remain on the District Court docket for further process.
If a dissolution action is pending within the Circuit Court or is filed contemporaneously, the Circuit Judge shall be contacted to consider the petition and any further hearing shall be scheduled before the Circuit Court on motion day in accordance with KRS 403.740(4). If the Circuit Judge is not available, the District Judge shall be contacted to consider the petition and shall schedule any further hearing before the Circuit Court on motion day and in accordance with KRS 403.740(4). If neither Judge is available, the Trial Commissioner shall be contacted to consider the petition and any further hearing shall be scheduled by him before the Circuit Court on motion day in accordance with KRS 403.740(4).
D. Upon receipt of a petition after regular business hours, if no dissolution action is pending in this Circuit Court, the District Judge shall be contacted to consider the petition and/or motions. Hearings shall be scheduled in the District Court on the next available Domestic Violence session of the Court. If no District Judge is available the Circuit Judge may act for the District Court. If neither is available, a Trial Commissioner may be contacted. In the event no Judge or Trial Commissioner can be found within the 29th Judicial District, the said petition may be presented to any District Judge or Circuit Judge in any surrounding county, who may sign and issue a Domestic Violence Emergency Order if deemed appropriate.
If a dissolution action is pending in the Circuit Court, the Circuit Judge shall be contacted to consider the petition and/or motions. If no Circuit Judge is available, the procedures outlined in C (¶ 3) above shall be followed.
E. Petitions will be reviewed within an hour of presentation to a Judge or Trial Commissioner unless it is impossible due to the unavailability of a Judge or Trial Commissioner.
F. The schedule for Domestic Violence hearings is as follows:
Adair County
Domestic Violence matters shall be heard each Monday and Wednesday at 9:00 am in the Adair District Court.
Domestic Violence matters shall be heard the first and third Tuesday after the second Monday of each month at 10:00 am in Adair Circuit Court.
Casey County
Domestic Violence matters shall be heard each Tuesday and Thursday at 9:00 am in the Casey District Court.
Domestic Violence matters shall be heard the second and fourth Monday of each month at 9:30 am in Casey Circuit Court.
III. Contempt Proceedings
A. Pursuant to KRS 403.760, civil and criminal proceedings for violation of a protective order for the same violation of a protective order shall be mutually exclusive.
B. Petitioners seeking to initiate civil contempt proceedings based upon the alleged violation of an EPO or DVO by the Respondent should contact the Office of the Adair/Casey Circuit Court Clerk, who will set the matter for a hearing on the next available domestic violence docket in the court which issued or modified the EPO or DVO.
C. No petitioner may be held in contempt for failing to appear at a domestic violence hearing or to prosecute a criminal violation of a protective order.
D. Post DVO Proceedings (including Contempt Proceedings and Motions to Amend). All matters raised concerning a Domestic Violence Petition arising after the original hearing on the Petition, including motions to amend or actions for contempt for violation of the conditions of an EPO or DVO shall be heard by the judge of the court to which it is assigned under the local rules above. This procedure shall be followed even where the Circuit Court has disposed of the marital dissolution action or other domestic action which initially caused the assignment or reassignment of the case to the Circuit Court. The District Judge may, in his or her discretion, reassign a Domestic Violence action to the Circuit Court in any case where a contempt motion or motion to amend is made in a domestic violence action and a related domestic action is then pending in Circuit Court.
All general orders, forms, policies and procedures relating to domestic violence within the judicial circuit are attached to this protocol and incorporated by reference.
The above protocol is adopted by all Judges in the Adair/Casey Circuit Court and the Adair/Casey District Court.
JUDY VANCE
MICHAEL LOY
Adair/Casey Circuit Judge
Adair/Casey District Judge
4/7/2014
4-8-14
Date
Date

Credits

HISTORY: Adopted effective April 10, 2014.
Adair and Casey Circuit Court Attachment B, KY R ADAIR CASEY CIR CT Attachment B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document