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Appendix 1

Baldwin's Kentucky Revised Statutes Annotated23rd Judicial District - Estill, Lee and Owsley District Court

Baldwin's Kentucky Revised Statutes Annotated
23rd Judicial District - Estill, Lee and Owsley District Court
KY ELOD App. 1
Appendix 1
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY TO EMERGENCY
PROTECTIVE ORDERS AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
23rd JUDICIAL CIRCUIT AND DISTRICT
ESTILL, LEE AND OWSLEY COUNTIES
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Procedure and Practice (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 circuit/family 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 Court 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 circuit/family court when there is a dissolution/custody proceeding pending. Therefore, if an EPO is issued and the clerk has discovered there is a pending dissolution/child custody case pending in the 23rd Judicial Circuit, the clerk shall file the petition as a “D” case and assign it to the Circuit Judge if a Circuit Court Motion Hour/Rule Day is held within the county of the issuance of the EPO within 14 days of its issuance. If no Circuit Court Motion Hour/Rule Day is to be held within 14 days of issuance of the EPO, the case shall be assigned for a hearing in the District Court. The District Judge shall then continue the case not to exceed 14 days until the next Motion Hour/Rule Day of the Circuit Court in the county.
D. No jurisdiction shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
E. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances:
If it is discovered that a dissolution or child custody proceeding is pending in another county in the Commonwealth, the District Court shall enter such orders as are necessary to protect the parties and transfer the case to the county in the Commonwealth where the dissolution or child custody case is pending, consistent with FCRPP 12, which requires that an emergency protective order shall continue and the summons shall be reissued by the initiating court, pursuant to KRS 403.740(4), for a period not to exceed fourteen 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:
Estill County Circuit Court Clerk's Office
Lee County Circuit Court Clerk's Office
Owsley County Circuit Court Clerk's Office
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
All sworn officers of any police agency
The Cabinet for Health and Family Services staff
The Circuit Court Clerks' Offices and their deputies
Representatives of Centers for Women and Families of Spouse Abuse
Jailers and Deputy Jailers located within the 23rd Judicial Circuit and District
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
The clerk/deputy clerk will determine if a dissolution or child custody action is pending and then deliver the petition to the District Judge, Trial Commissioner, or Circuit Judge if no District Judge or Trial Commissioner is available.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
The agency/officer taking and verifying the petition shall deliver the petition to the District Judge, Trial Commissioner, or Circuit Judge if no District Judge or Trial Commissioner is available.
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:
(1) District Court:
a. Estill County--the first, second, third and fourth Wednesday of each month and the third Friday of each month at 8:30 a.m.;
b. Lee County--the first, second, third and fourth Tuesday of each month at 9:30 a.m.;
c. Owsley County--the first, second, third and fourth Thursday of each month at 9:30 a.m.
(2) Circuit Court:
a. Estill County--the Tuesday of the first full week of each month, the fourth Friday of each month, and the first Thursday of each month at 9:30 a.m.;
b. Lee County--the Wednesday of the first full week of each month and the third Friday of each month at 9:30 a.m.;
c. Owsley County--the first Friday of each month and the Monday of the first full week of each month at 9:30 a.m.
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 contempt proceedings should contact:
The Circuit Court Clerks' Office in the county where an EPO/DVO has been issued.
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.
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: Adopted effective August 20, 2012.
Estill, Lee and Owsley District Court App. 1, KY R ESTILL LEE OWSLEY DIST CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document