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 court when there is a dissolution/custody proceeding pending. In the exercise of joint jurisdiction between the District and Circuit Courts, as set forth in KRS 403.735(3)(c), and consistent with KRS 403.725(4), if a family member files an action for dissolution of marriage or child custody in Circuit Court, the Circuit Court shall have jurisdiction to issue protective orders upon the filing of a verified motion therein either at the commencement or during the pendency of the action in Circuit Court pursuant to the provisions of KRS 403.730 to 403.785. Any verified motion shall be filed on the AOC form as a petition and shall retain a domestic violence “D” case file number pursuant to FCRPP 13(4).

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 may be reassigned or transferred to another circuit, at the discretion of the judge, when there is a pending dissolution or child custody proceeding pending in the other circuit. Consistent with FCRPP 12, when a case is 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.

A. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner during regular business hours:

B. The following agencies and officers are authorized to take domestic violence petitions and administer oaths to petitioner after regular business hours and weekends:

C. Upon receipt of a petition during regular business hours, the authorized agency/officer shall present the petition to the following:

Clinton County:

A District Judge within the district and if unavailable then to the Circuit Judge, and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

Cumberland County:

The District Judge, and if unavailable then to the Circuit Judge and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

Monroe County:

The District Judge, and if unavailable to the Trial Commissioner, and if unavailable then to the Circuit Judge, and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

D. Upon receipt of a petition after regular business hours, the authorized agency/officer shall present the petition to:

Clinton County: A District Judge within the district, and if unavailable then to the Circuit Judge, and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

Cumberland County:

The District Judge, and if unavailable then to the Circuit Judge, and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

Monroe County:

The District Judge, and if unavailable to the Trial Commissioner, and if unavailable then to the Circuit Judge, and if all of the aforesaid are unavailable to any available Judge in other districts or circuits.

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 scheduled for domestic violence hearings is as follows:

Domestic violence hearings will be heard by the District Judge, or the Circuit Judge when a motion/petition is filed in an action for dissolution or child custody consistent with Section I.C. of this Protocol above, during a regular motion hour as set forth below (and at such other times as needed to accommodate the 14-day requirement under KRS 403.745):

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 Office of the Circuit Court Clerk in the county where the case is filed who will schedule a time for the hearing on the contempt motion.

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. Failure to appear may result in a denial of the petition pursuant to FCRPP 11(1).

All general orders, forms, policies and procedures relating to domestic violence within the judicial circuit are attached to this protocol and incorporated by reference.

The above protocol is adopted by all judges in the circuit/district: