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Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisd...

Baldwin's Kentucky Revised Statutes Annotated34th Judicial District -- Mccreary and Whitley District Courts

Baldwin's Kentucky Revised Statutes Annotated
34th Judicial District -- Mccreary and Whitley District Courts
KY RMWD App. A
Appendix A Twenty-four hour accessibility to emergency protective orders and local joint jurisdiction domestic violence protocol 34th Judicial Circuit and District Whitley and McCreary counties
Currentness
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 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 to Circuit Court when there is a dissolution/custody proceeding pending.
D. This jurisdiction does not have a “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 when it is learned that there is a pending dissolution or custody matter in that other circuit. See FCRPP 12.
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:
Court Clerk and Deputy Court Clerks; the County Attorney and authorized staff.
B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends: Deputy Court Clerk who is specifically assigned this responsibility by the Clerk. Petitioner may go to the 911 Dispatch Center or any law enforcement officer for referral to that Deputy.
C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:
Any District Judge that is available. If no District Judge is available, then referral shall be made to any Circuit Judge. In McCreary County, if no District Judge is available, the petition shall be presented to the Trial Commissioner. If neither the District Judge nor the Trial Commissioner is available in McCreary County, then the petition shall be presented to a Circuit Judge.
D. Upon receipt of a petition after regular business hours, the authorized agency/officer, or 911 Dispatch, shall present the petition to the District Judge on call.
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:
Whitley District Court--Williamsburg:
Tuesdays at 1 p.m.
Whitley District Court--Corbin:
Mondays at 9 a.m.
McCreary District Court:
Thursdays at 11 a.m.
If a domestic violence case is transferred to Circuit Court, then that court shall set a date and time for hearing with notice to all parties involved.
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 Court Clerk during regular business hours, or if it is after regular business hours, the petitioner should refer to II B above.
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 are available in the court clerk's office.

Credits

HISTORY: Adopted effective April 13, 2012.
McCreary and Whitley District Court App. A, KY R MCCREARY WHITLEY DIST CT App. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document