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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

Baldwin's Kentucky Revised Statutes Annotated
26th 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.
I. Uniform Protocol for Handling 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 Harlan District Court to the Harlan Circuit Court when there is a dissolution/custody proceeding pending.
D. Domestic violence cases are civil matters within the purview of CR 41.01 and there is not a “no-drop” policy in Harlan County.
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.
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:
Harlan County Circuit Court Clerk's Office
Kentucky State Police, Post 10
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
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.
D. Upon receipt of a petition after regular business hours, weekends, and holidays the authorized agency/officer shall present the petition to the Harlan District Court Trial Commissioner which has been approved by the Supreme Court.
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:
Domestic Violence matters shall be heard each Thursday at 8:30 AM in the Harlan District Court.
Domestic Violence matters in the Harlan Circuit Court shall be heard each Monday at 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 civil contempt proceedings should contact Office of the Harlan Circuit Court Clerk, who will set the matter for a hearing on the next available Domestic Violence docket.
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 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.
End of Document