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Appendix A

Baldwin's Kentucky Revised Statutes Annotated15th Judicial Circuit - Carroll, Grant and Owen Circuit Court

Baldwin's Kentucky Revised Statutes Annotated
15th Judicial Circuit - Carroll, Grant and Owen Circuit Court
KY CGOC App. A
AppendixA
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
15th JUDICIAL CIRCUIT AND DISTRICT
CARROLL, GRANT AND OWEN 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.
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 the circuit court or another circuit under the following circumstances:
1. If, while a domestic violence matter is pending in the District Court, a dissolution/child custody proceeding is filed in Circuit Court or is finalized in Circuit Court, the presiding judge may, in the judge's discretion or after consultation with the Circuit Judge, enter or continue such protective orders and process deemed necessary and reassign the matter for final hearing with the Circuit Court. Domestic violence matters reassigned from District Court to Circuit Court shall be heard on regular Circuit Court Motion Days during the 9:00 A.M. civil docket.
2. If a domestic violence petition is filed in the 15th Judicial Circuit and District and it is then discovered that a dissolution/child custody proceeding is pending in another venue, it is in the discretion of the District Judge as to whether the petition shall be transferred to that venue. In compliance with FCRPP 12, if the District Judge determines the case should be transferred, 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:
• The Circuit Court Clerk of each county in the 15th Judicial Circuit
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
• The Sheriff of each county in the 15th Judicial Circuit
• The County Attorney and his/her staff of each county
• The Commonwealth Attorney and his/her Assistants of each county
• The Chief of Police of all established police agencies of each county and sworn officers of those departments; and,
• Any Kentucky State Police Officer assigned to any of the counties
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
• If no dissolution/custody proceeding is pending, the clerk shall deliver the appropriate documents to the District Judge or Trial Commissioner; or if unavailable, to the Circuit Judge.
• If a dissolution/custody proceeding is pending with the Circuit Court or is filed contemporaneously therewith, the clerk shall seek the consideration of the Circuit Judge. If the Circuit Judge is unavailable, the clerk shall seek the consideration of the District Judge or Trial Commissioner.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
• The District Judge or Trial Commissioner, or if unavailable;
• The Circuit Judge, or if none are available;
• Any judge of the District Court or Circuit Court in any surrounding county who may sign same and issue an EPO if deemed appropriate.
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:
District Court Schedule:
Grant County
Tuesday
1:00 PM
Carroll County
Wednesday
9:00 AM
Owen County
Friday
9:00 AM
Circuit Court Schedule:
Grant County
All Motion Days*
9:00 AM
Carroll County
All Motion Days*
9:00 AM
Owen County
All Motion Days*
9:00 AM
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 County Attorney, their private attorney or the office of the Circuit Clerk to fill out the appropriate forms.
C. If an EPO/DVO is issued by the District Court and not modified by the Circuit Court, then the District Judge shall arraign the Defendant and conduct contempt proceedings.
D. If an EPO/DVO is issued or modified by the Circuit Court as part of the dissolution case, then the District Judge shall arraign the Defendant and order that the case be docketed for the contempt proceeding in the Circuit Court.
E. If a case has been reassigned by the District Court to the Circuit Court, contempt matters shall be heard by the Circuit Court. However, if a new Domestic Violence Petition is filed separate and independent of a contempt charge, and if the next session of the District Court shall occur before the next Circuit Court Motion Day, the new petition may be initially addressed by the District Court and then referred to the Circuit Court at its Motion Day. This procedure should allow the petitioner to come before a forum which could provide the most expeditious relief in an emergency domestic violence matter.
F. 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: Amended effective July 8, 2013. Prior amendments effective February 1, 2008; April 13, 2012.

Footnotes

*
Circuit Court Motion Days are set annually
Carroll, Grant and Owen Circuit Court App. A, KY R CARROLL GRANT OWEN CIR CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document