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Appendix A Twenty-Four Hour Accessibility to Emergency Protective Orders and Local Joint Jurisd...

Baldwin's Kentucky Revised Statutes Annotated54th Judicial Circuit - Boone and Gallatin Family Court

Baldwin's Kentucky Revised Statutes Annotated
54th Judicial Circuit - Boone and Gallatin Family Court
Appendix a
KY RBGF App. A
Appendix A Twenty-Four Hour Accessibility to Emergency Protective Orders and Local Joint Jurisdiction Domestic Violence Protocol--54th Judicial Circuit and District--Boone & Gallatin 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. Domestic violence matters may be reassigned from the district court division to circuit/family court when there is a dissolution/custody proceeding pending.
D. No jurisdiction shall adopt a blanket “no-drop” policy. Domestic violence cases are civil matters within the purview of CR 41.01.
E. Domestic violence cases shall be reassigned or transferred to another circuit under the following circumstances: When there is a dissolution, legal separation or custody matter pending in another circuit.
[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: Circuit or District Clerks and local Law Enforcement Officers.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends: Local Law Enforcement Officers, County Attorney's Office and Commonwealth Attorney's Office.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following: Family Court Judge. If the Family Court Judge is unavailable then it shall be taken to the District Court Judge or Circuit Court Judge.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to: Family Court Judge. If unavailable then it shall be taken to the District Court Judge who is on call. If unavailable, it shall then be taken to the Circuit Court Judge.
E. Petitions will be reviewed within an hour of presentation to a judge unless it is impossible due to the unavailability of a judge.
F. The schedule for domestic violence hearings is as follows: In Boone County the hearings shall be scheduled on Mondays, Wednesdays and Fridays at 8:30 a.m. In Gallatin County the hearings shall be scheduled on the first and third Thursdays of the month at 8:30 a.m. or in certain circumstances when the Family court Judge is not available to hear cases in Gallatin County, the hearings will be scheduled on a date and at a time the District Court Judge is available.
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: Family Court Clerks at Boone or Gallatin counties, local Law Enforcement or the County Attorney's Office.
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: Amended effective August 12, 2013. Adopted effective March 23, 2012.
Boone/Gallatin Family Court App. A, KY R BOONE GALLATIN FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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