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APPENDIX D Jefferson County Domestic Violence Protocol

Baldwin's Kentucky Revised Statutes Annotated30th Judicial District - Jefferson District Court

Baldwin's Kentucky Revised Statutes Annotated
30th Judicial District - Jefferson District Court
Appendix D
KY JDR App. D
APPENDIX D Jefferson County Domestic Violence Protocol
JEFFERSON COUNTY DOMESTIC VIOLENCE PROTOCOL
Pursuant to KRS 403.735 (3) the Jefferson Trial Courts establish the following procedures to insure twenty-four (24) hour accessibility to Emergency Protective Orders (EPO).
I. Access to Protection from Domestic Violence:
A. Three hundred and sixty-five (365) days per year, seven (7) days per week, and twenty-four (24) hours per day the following persons are authorized to provide Domestic Violence Petition Forms to any person seeking an EPO:
(1) Jefferson Circuit Court Clerk and Deputy Clerks.
B. A verified petition for a Domestic Violence Order (DVO) of protection and an ex parte EPO shall be filed at the Judicial Center, 700 West Jefferson Street, Louisville, Kentucky 40202 or the Hall of Justice, 600 West Jefferson Street, Louisville, Kentucky 40202.
Days
Times & Location
Monday--Friday
7:30 a.m.--3:30 p.m.
Family Court Clerk's Office
1st floor, Judicial Center
Monday--Friday
3:30 p.m.--7:30 a.m.
Criminal/Traffic Clerk's Office
1st floor, Hall of Justice
Holiday, Weekends
All times
Criminal/Traffic Clerk's Office
1st floor, Hall of Justice
C. A criminal complaint and/or an EPO with a criminal complaint on domestic violence only shall be filed at the Hall of Justice, 600 West Jefferson Street, Louisville, Kentucky 40202.
Days
Time & Location
Monday--Friday
8:00 a.m.--Midnight
Domestic Violence Intake Office
1st floor, Hall of Justice
Weekends
10:00 a.m.--6:00 p.m.
Holidays
8:00 a.m.--4:30 p.m.
Domestic Violence Intake Office
1st floor, Hall of Justice
II. Domestic Violence Petitions.
All domestic violence petitions shall be assigned a domestic violence “D” case number with the appropriate trailer number, if any, regardless of who (District Court Judge, Family Court Judge, Circuit Court Judge or Trial Commissioner) reviews the petition and orders the case filed.
A. This procedure shall apply to petitions filed during the pendency of a dissolution or child custody proceedings.
B. If a verified motion alleging an act of domestic violence is filed in a dissolution or child custody proceeding, an AOC-275.1 (Domestic Violence Petition) must be filed with the motion pursuant to KRS 403.730 (2). The petition shall be assigned a domestic violence “D” case number with the appropriate trailer number.
C. The judge number of the judge or trial commissioner reviewing the petition and ordering the case filed shall be entered on the case screen as the opening judge.
III. Domestic Violence Petitions Filed During Regular Office Hours.
A. At the time the case is opened, the Circuit Clerk shall check the index of Circuit Court cases to ascertain if a dissolution or child custody proceeding is pending.
B. The Circuit Clerk shall present the petition to a Family Court Judge, and then, if a Family Court Judge is not available to a District Court Judge, or Circuit Court Judge.
C. If an EPO is issued, the Circuit Clerk shall file the Petition as a domestic violence “D” case in Family Court and schedule a domestic violence hearing with the appropriate Family Court Judge.
D. If it is determined a dissolution or child custody proceeding is pending and an EPO is issued, the Circuit Clerk shall cross-reference the “D” case with the dissolution or child custody case file and place a copy of the EPO in the file. Additionally, if a DVO is issued, upon entry, the Circuit Clerk shall place a copy of the DVO in the dissolution or child custody case file.
IV. Domestic Violence Petitions Filed After Regular Office Hours and Weekends.
A. The Circuit Clerk shall present the petition to the on-duty District Court Judge or on-duty Trial Commissioner and, if unavailable, to the secondary duty Judge. If these individuals are unavailable the petition shall be presented to any District Court Judge and, if none available, to any Family Court Judge or Circuit Court Judge.
B. Upon receipt by the Circuit Clerk of a verified domestic violence petition taken after business hours or during a weekend, for which a domestic violence hearing has been scheduled with a Family Court Judge, the Circuit Clerk shall check the circuit court case index to ascertain if a dissolution or child custody proceeding is pending.
C. The Circuit Clerk shall file the petition (and any EPO issued) as a domestic violence “D” case in the Family Court, regardless of which District Judge, Trial Commissioner, Circuit Judge or Family Court Judge ordered the filing of the petition. The Circuit Clerk shall calendar the hearing by completing a scheduled event screen in the case management system.
D. If it is determined a dissolution or child custody proceeding is pending, the Circuit Clerk shall notify the Family Court Judge of the pendency of same. The Clerk shall cross-reference the “D” case with the dissolution or child custody case. Additionally, a copy of the EPO/DVO shall be placed in the dissolution or child custody case file.
E. If it is determined that a dissolution or child custody proceeding is pending in another Kentucky county, the Jefferson County Judge at the DVO hearing will consider whether to retain jurisdiction or reissue the EPO until the matter can be heard by the judge in the other county in accordance with KRS 403.740(4).
V. Violation of Domestic Violence Orders.
A. Alleged violations of Domestic Violence orders shall be processed as criminal actions for a violation and referred to District Court for prosecution, except as set forth below.
B. Alleged violation of Domestic Violence orders pertaining to visitation, child support, counseling or firearms provisions shall be initiated through the Family Court and scheduled for contempt hearings on the appropriate Family Court docket. A copy of the EPO/DVO shall be placed in the dissolution or child custody file.
(01/23/07)
Jefferson District Court App. D, KY R JEFFERSON DIST CT App. D
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document