2006 Kentucky Revised Statutes - .740   Emergency protective order.

403.740 Emergency protective order. (1) If, upon review of the petition, as provided for in KRS 403.735, the court determines that the allegations contained therein indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue, upon proper motion, ex parte, an emergency protective order: (a)  Restraining the adverse party from any contact or communication with the petitioner except as directed by the court; (b)  Restraining the adverse party from committing further acts of domestic violence and abuse; (c)  Restraining the adverse party from disposing of or damaging any of the property of the parties; (d)  Directing the adverse party to vacate the residence shared by the parties to the action; (e)  Utilizing the criteria set forth in KRS 403.270, 403.320, and KRS 403.822, grant temporary custody; or (f)  Enter other orders the court believes will be of assistance in eliminating future acts of domestic violence and abuse; or any combination thereof. (2) Except as provided in KRS 403.036, if the court issues an emergency protective order pursuant to subsection (1) of this section, the court shall not order or refer the parties to mediation for resolution of the issues alleged in the petition filed pursuant to KRS 403.735. (3) An emergency protective order issued in accordance with this section shall be issued without bond being required of the petitioner. (4) An emergency protective order issued in accordance with this section shall be effective for a period of time fixed in the order, but not to exceed fourteen (14) days. Upon the issuance of an emergency protective order, a date for a full hearing, as provided for in KRS 403.745, shall be fixed not later than the expiration date of the emergency protective order. An emergency protective order shall be reissued for a period not to exceed fourteen (14) days if service has not been made on the adverse party by the fixed court date and time or as the court determines is necessary for the protection of the petitioner. (5) The adverse party shall be personally served with a copy of the emergency protective order, a copy of the notice setting the full hearing, and a copy of the petition. Service may be made in the manner and by the persons authorized to serve subpoenas under the provisions of Rule 45.03 of the Rules of Civil Procedure. No service fee shall be assessed to the petitioner. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 133, sec. 44, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 99, sec. 16, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 172, sec. 6, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 152, sec. 6, effective July 13, 1984.