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Appendix A

Baldwin's Kentucky Revised Statutes Annotated32nd Judicial District - Boyd District Court

Baldwin's Kentucky Revised Statutes Annotated
32nd Judicial District - Boyd District Court
Appendix a
KY RBFC App. A
AppendixA
Currentness
TWENTY-FOUR HOUR ACCESSIBILITY
TO EMERGENCY PROTECTIVE ORDERS
AND LOCAL JOINT JURISDICTION
DOMESTIC VIOLENCE PROTOCOL
32ND JUDICIAL CIRCUIT AND DISTRICT
BOYD COUNTY
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. If there is a pending divorce or custody action involving the parties to the Emergency Protective Order, the matter shall be transferred to the Boyd Circuit Court Division handling the divorce and/or custody matter. The parties must file a notice to the Court advising the Court of the petition. The parties must appear at the scheduled hearing before the Boyd District Court in order to obtain service, or must be served with the new court appearance prior to the scheduled time unless served with the petition designating the new court date and time prior to the scheduled hearing.
D. Domestic violence cases are civil matters within the purview of CR 41.01. Therefore, this jurisdiction does not have a blanket “no-drop” policy.
E. At the discretion of the judge and consistent with FCRPP 12, domestic violence cases may be reassigned or transferred to another circuit if there exists a pending dissolution or custody matter in the other Circuit. Any 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 (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:
Boyd District Court Clerk's Office, Boyd County Judicial Center, 1st Floor, 2805 Louisa Street, Catlettsburg, Kentucky, 41129.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:
Any law enforcement agency (including city and county police and Kentucky State Police)
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
During regular business hours the person receiving and verifying the Petition shall, if possible, deliver the Petition to the Circuit/District Court Clerk's Office and that officer shall immediately present the Petition to the District Judge of the 32nd Judicial District found within Boyd County. If a District Judge cannot be located within the county, the Petition shall be presented to a Circuit Judge of the 32nd Judicial Circuit found within Boyd County. In the event no judge can be located in the county, the Petition shall be presented to a District or Circuit Judge in any county adjoining Boyd County.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:
During hours other than regular business hours, the person receiving and verifying the complete Domestic Violence Petition shall deliver the Petition to the an appropriate law enforcement agency and an officer of that agency shall immediately present the Petition to the District Judge of the 32nd Judicial District found within Boyd County and if the District Judge cannot be located within the county, the Petition shall be presented to the Circuit Judge of the 32nd Judicial Circuit found within the county. In the event neither judge can be found within the county, the Petition shall be presented to a District or Circuit Judge found in any county adjoining Boyd County.
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:
Cases shall be scheduled on Thursday at 9:30 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:
The Boyd District Court Clerk or the Boyd County Attorney.
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 May 11, 2012.
Boyd Family Court App. A, KY R BOYD FAM CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document