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Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisd...

Baldwin's Kentucky Revised Statutes Annotated19th Judicial District - Fleming, Bracken and Mason Family Courts

Baldwin's Kentucky Revised Statutes Annotated
19th Judicial District - Fleming, Bracken and Mason Family Courts
KY RBLD App. A
Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol
Currentness
19TH JUDICIAL CIRCUIT AND DISTRICT BRACKEN, FLEMING AND MASON 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.
A. 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.
B. Domestic violence matters may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending.
C. No jurisdiction shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
D. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances:
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, 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:
Circuit Court Clerks and deputy clerks
Sheriffs and deputy sheriffs
City police officers
Women's Crisis Center staff
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Sheriffs and deputy sheriffs
City police officers
Women's Crisis Center staff
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
District Court Judge
Senior Status Judges assigned to District Court
Trial Commissioners
Circuit Judge, if no other judge or commissioners can be located
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
District Court Judge
Senior Status Judges assigned to District Court
Trial Commissioners
Circuit Judge, if no other judge or commissioners can be located
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:
Bracken District Court--Tuesdays 1P.M.
Fleming District Court--Thursdays 9 A.M.
Mason District Court--1st and 3rd Fridays 1P.M., or as scheduled within the fourteen (14) day hearing period.
NOTE: Domestic violence hearings may be scheduled for the same time and date as hearings scheduled for related criminal charges.
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:
(AOC Forms available)
Bracken Circuit Clerk
606-735-3328
Bracken County Courthouse, Brooksville, KY
Fleming Circuit Clerk
606-845-7011
Fleming County Courthouse, Flemingsburg, KY
Mason Circuit Clerk
606-564-4011
Mason County Justice Building, Maysville, KY
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 June 10, 2016.
Bell District Court App. A, KY R BRACKEN FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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