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Appendix B. Twenty-four hour accessibility to protective orders and local joint jurisdiction pr...

Baldwin's Kentucky Revised Statutes Annotated16th Judicial Circuit - Kenton Family Court

Baldwin's Kentucky Revised Statutes Annotated
16th Judicial Circuit - Kenton Family Court
KY RKFC App. B
Appendix B. Twenty-four hour accessibility to protective orders and local joint jurisdiction protocol
SIXTEENTH JUDICIAL CIRCUIT AND DISTRICT KENTON COUNTY
Pursuant to KRS 403.735 and KRS 456.030, and in compliance with Family Court Rule of Practice and Procedure Section IV, this local protective order protocol is established to ensure twenty-four hour accessibility to emergency protective orders (EPOs) and temporary interpersonal protective orders (TIPOs) and to establish written procedures for matters in which there may be joint jurisdiction between the Circuit/Family and District Courts.
I. Uniform Protocol for Handling Cases
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
B. All protective order cases must be processed consistent with the rules and procedures set forth in the Kentucky Circuit Court Clerk's Manual.
C. 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.
D. “No drop” policies which place limitations on a petitioner's right to modify or withdraw a petition for a protective order are not permitted. Pursuant to KRS 403.740 and KRS 456.060, any orders for relief issued directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, dating violence and abuse, stalking, or sexual assault shall not order the petitioner to take any affirmative action.
E. Cases may be reassigned within the judicial circuit and, pursuant to FCRPP 12, a case may be transferred to another circuit if there is a pending dissolution or custody matter. If reassignment or transfer occurs, the issuing Judge shall re-issue a summons until the matter may be heard by the receiving judge.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730. KRS 456.040 Petitioners shall not be sent away or left waiting for extended periods of time. Petitions should be reviewed within two hours of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being available.
II. Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours:
The Circuit Court Clerk and any Deputy Circuit Court Clerk.
B. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends:
Any local police officer, sheriff's deputy, clerk, or deputy clerk is authorized to take domestic violence petitions and administer oaths to petitioners after regular business hours and weekends.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
The Family Court Judges shall alternate every week as to who is “on duty.” The Clerk or Deputy Clerk shall present the petition electronically to the Judge on duty and, if the on duty Family Court Judge cannot be reached within one hour, present the petition electronically to all District and Circuit Court Judges.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
The Family Court Judge on call.
E. Petitions will be reviewed within one hour of presentation to a judge or trial commissioner unless it is impossible due to the unavailability of a judge or trial commissioner.
III. Assignment of Cases
A. Pursuant to KRS 403.735 and KRS 456.030, jurisdiction over petitions filed under this chapter is concurrent between district, circuit, and family court.
B. The judge reviewing a petition for an order of protection shall indicate in the “Court Action” section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter 456.
C. The circuit clerk shall assign interpersonal protective order cases to the District Court Domestic Violence Docket.
D. The schedule for hearings on protective orders is as follows:
Family Court, Second Division: Wednesday at 9.00 a.m., every other week.
Family Court, Fifth Division: Wednesday at 9:00 a.m., every other week.
District Court, All Divisions: Monday at 10:30 a.m., every week.
Other dates may be scheduled periodically by the Courts as needed due to holidays, large dockets, etc. These dates shall be noticed in advance by the Court Judicial Secretary and shall be posted on the Courthouse monitors.
E. Cases may be reassigned or transferred between courts if it is determined that there are other actions pending or circumstances indicate that review by the other court is proper. KRS 403.725, KRS 456.030. If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
IV. Contempt Proceedings
A. Pursuant to KRS 403.763 and KRS 456.180, civil and criminal proceedings for violation of a protective order for the same violation of a protective order shall be mutually exclusive. Once a criminal or contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding.
B. Petitioners seeking to initiate contempt proceedings should contact:
The district clerk's office. The party wishing to file a contempt motion shall fill out the motion located in the district clerk's office. This motion will be presented to a Family Court Judge along with the file for review.
C. No petitioner may be held in contempt for failure to appear at a domestic violence hearing or prosecute a criminal violation of a protective order.
The undersigned hereby acknowledge that 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 eff. May 9, 2016. Prior amendments effective April 11, 2012.
Kenton Family Court App. B, KY R KENTON FAM CT App. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document