403.7529 Presumption of validity -- Enforcement by peace officers.
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All foreign protective orders shall have the rebuttable presumption of validity. The
validity of a foreign protective order shall only be determined by a court of
competent jurisdiction. Until a foreign protective order is declared to be invalid by a
court of competent jurisdiction, it shall be given full faith and credit by all peace
officers and courts in the Commonwealth.
All peace officers shall treat a foreign protective order as a legal document, valid in
Kentucky, and shall make arrests for a violation thereof in the same manner as for a
violation of an emergency protective order or domestic violence order issued in
Kentucky.
The fact that a foreign protective order has not been entered into the Law
Information Network of Kentucky shall not be grounds for a peace officer not to
enforce the provisions of the order unless it is readily apparent to the peace officer
to whom the order is presented that the order has either expired according to a date
shown on the order, or that the order's provisions clearly do not prohibit the conduct
being complained of. Officers acting in good faith shall be immune from criminal
and civil liability.
In the event that the order has expired or its provisions do not prohibit the conduct
being complained of, the officer shall not make an arrest unless the provisions of a
Kentucky statute have been violated, in which case the peace officer shall take the
action required by Kentucky law.
Effective: July 15, 1998
History: Amended 1998 Ky. Acts ch. 606, sec. 190, effective July 15, 1998. -- Created
1996 Ky. Acts ch. 99, sec. 7, effective July 15, 1996.
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