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Appendix 1

Baldwin's Kentucky Revised Statutes Annotated37th Judicial Circuit - Carter, Elliott and Morgan Family Court

Baldwin's Kentucky Revised Statutes Annotated
37th Judicial Circuit - Carter, Elliott and Morgan Family Court
Appendix 1
KY CEMC App. 1
Appendix1
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
37TH JUDICIAL CIRCUIT AND DISTRICT
CARTER, ELLIOTT & MORGAN 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. No jurisdiction shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
D. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances:
Any circumstances provided by law.
Consistent with FCRPP 12, when the local domestic violence protocol requires that a case be transferred to another circuit due to a pending dissolution or custody matter, 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:
Office of the Circuit Clerk in Carter, Elliott and/or Morgan counties; and Any law enforcement officer.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Office of the Circuit Clerk in Carter, Elliott and/or Morgan counties; and Any law enforcement officer.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
1. District Court Judge;
2. Family Court Judge;
3. Circuit Court Judge;
4. Trial Commissioner-*if no judge is available.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
1. District Court Judge;
2. Family Court Judge;
3. Circuit Court Judge;
4. Trial Commissioner-*if no judge is available.
E. Petitions will be re viewed 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:
Carter County: Each Tuesday at 10:30 a.m.
Elliott County: Second and fourth Mondays of each month at 9:00 a.m.
Morgan County: First, third and fifth Mondays of each month at 9:00 a.m.
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:
Office of the Circuit Clerk in Carter, Elliott or Morgan counties.
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 April 22, 2012.
Carter, Elliot and Morgan Circuit Court App. 1, KY R CARTER ELLIOT MORGAN CIR CT App. 1
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document