Exhibit B Twenty-four (24) hour accessibility to emergency protective orders and local joint ju...
Baldwin's Kentucky Revised Statutes Annotated11th Judicial Circuit - Green, Marion, Taylor and Washington Circuit Court
KY GMTW Exh. B
Exhibit B Twenty-four (24) hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol eleventh judicial circuit and district green, marion, taylor & washington counties
Pursuant to KRS 403.735, and in compliance with Family Court Rules of Practice and Procedure (FCRPP) Section IV, this local domestic violence protocol is established to ensure twenty-four (24) 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.
If a dissolution, child custody proceeding, or domestic violence proceeding is pending in another county when the domestic violence petition is filed or if a dissolution action is filed in another county while a domestic violence matter is pending in District Court, the District Court Judge is to transfer the case to the County where said action is pending. The 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.
A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours: The Circuit Clerk and all sworn deputies; the County Attorney and any Assistant County Attorney, the Victims Advocate of the County Attorney's office and any county attorney staff authorized to administer oaths.
The Circuit Clerk and all sworn deputies; the County Jailer and ail sworn deputies; the County Sheriff and all sworn deputies; the County Attorney and any Assistant County Attorney, the Victims Advocate of the County Attorney's office and any county attorney staff authorized to administer oaths, the City Chief of Police and all sworn officers within the department; any Kentucky State Police officer.
To the District Judge who is found within the County. If no District Judge is found within the County, said verified petition shall be presented to the Circuit Judge who is found within the County. If no Judge is found within the County, the petition shall be presented to any District Judge or Circuit Judge found within the 11th Judicial Circuit. In the event, that none of the above Judges can be found, the petition may be presented to a Trial Commissioner within the 11th Judicial Circuit or District. In the event no Judge or Trial Commissioner can be found within the 11th Judicial Circuit or District, said petition may be presented to any District Judge, Circuit Judge or District Trial Commissioner in any surrounding county in accordance with the Regional Program Administration Charter, who may sign and issue a Domestic Violence Emergency Protective Order if deemed appropriate.
To the District Judge who is found within the County. If no District Judge is found within the County, said verified petition shall be presented to the Circuit Judge who is found within the County. If no Judge is found within the County, the petition shall be presented to any District Judge or Circuit Judge found within the 11th Judicial Circuit. In the event, that none of the above Judges can be found, the petition may be presented to a Trial Commissioner within the 11th Judicial Circuit or District. In the event no Judge or Trial Commissioner can be found within the 11th Judicial Circuit or District, said petition may be presented to any District Judge, Circuit Judge or District Trial Commissioner in any surrounding county in accordance with the Regional Program Administration Charter, who may sign and issue a Domestic Violence Emergency Protective Order if deemed appropriate.
The Domestic Violence session of the District Court is scheduled as follows:
Green District Court | Mondays | 1:30 pm | |
Marion District Court | Wednesdays | 9:30 am | |
Taylor District Court | Wednesdays | 10:00 am | |
Washington District Court | Mondays | 1:30 pm |
Motion Day for Circuit Court is as follows:
Green County | 1st Wednesday after 1st Monday of the month | |
Marion County | 1st & 3rd Thursday after 1st Monday of the month | |
Taylor County | 1st & 3rd Tuesday after 1st Monday of the month | |
Washington County | 3rd Wednesday after 1st Monday of the month |
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. Jan. 5, 2015. Adopted effective December 7, 2011.
Green, Marion, Taylor and washington Circuit Court Exh. B, KY R GREEN CIR CT Exh. B
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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