Appendix 1 Twenty-four hour accessibility to emergency protective orders and local joint jurisd...
Baldwin's Kentucky Revised Statutes Annotated26th Judicial District - Harlan District Court
KY RHLND App. 1
Appendix 1 Twenty-four hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol Harlan Judicial Circuit and District Harlan County/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 Harlan Circuit and District Courts.
E. If the court determines there is a dissolution or custody matter pending in another circuit, the domestic violence case shall be transferred to the Circuit Court where that matter is pending. Pursuant to FCRPP 12, any emergency protective order issued in a case that is transferred shall continue and the summons shall be reissued by the initiating Harlan County Circuit or District Court or trial commissioner, 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.
Harlan County Circuit Court Clerk's Office
Kentucky State Police, Post 10
Kentucky State Police, Post 10
Harlan County Trial Commissioner
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the district judge unless a dissolution or child custody proceeding is pending in Circuit Court. If a dissolution or child custody proceeding is pending, the petition shall be presented to the Circuit Judge for consideration. If the Circuit Judge is unavailable, then the District Judge shall sign the EPO and schedule the matter for a hearing in Circuit Court.
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 July 25, 2012.
Harlan Circuit Court App. 1, KY R HARLAN DIST CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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