A. Circuit court clerk shall process domestic violence cases in accordance with the procedures set forth in 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.

D. No county 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 when there is a dissolution/custody proceeding pending in another circuit. [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 (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.]

A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours: During office hours, domestic violence petitions shall be available at the Perry Circuit and District Clerk's office and domestic violence petitions shall be verified by the clerk or any deputy clerk.

B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends: After hours and holidays, any person may obtain a domestic violence petition at the Hazard City Police Department, Perry County Sheriff's Office, or Kentucky State Police Post 13. After the domestic violence petition has been completed by the person requesting relief, the commonwealth attorney or assistant commonwealth attorney, or any law enforcement officer or dispatcher for a law enforcement agency may verify the petition.

C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: The domestic violence petition shall be delivered to the district judge or trial commissioner for consideration. If neither is available, then the petition shall be delivered to the Circuit Judge for consideration.

D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: The domestic violence petition shall be delivered to the district judge or trial commissioner for consideration. If neither is available, then the petition shall be delivered to the Circuit Judge for consideration.

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: Perry Circuit Court hearings shall be held each Thursday at 3:00 p.m. Perry District Court hearings shall be held each Thursday at 10:00 a.m.

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: Any clerk or deputy clerk in the Perry Circuit and District clerk's office.

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.