2012 Kentucky Revised Statutes CHAPTER 403 DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.743 Referral of petitioner to county attorney -- Duties of county attorney.
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403.743 Referral of petitioner to county attorney -- Duties of county attorney.
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(a)
Based upon the information which the court has received as required by KRS
403.741, including but not limited to the respondent's Kentucky criminal
history, the respondent's domestic violence order history, domestic violence
order compliance history, and the information contained in the petition, the
court may, if the court deems it appropriate, suggest that the petitioner contact
the county attorney.
(b) If the court decides to refer the petitioner to the county attorney, the court shall
explain to the petitioner that the purpose of the meeting is so that the county
attorney can explain to the petitioner the options that the petitioner may have
with regard to the filing of criminal charges regarding any alleged act of
domestic violence within the purview of KRS 403.715 to 403.785.
(c) The court shall explain to the petitioner that contacting the county attorney is
voluntary and not mandatory.
If the petitioner decides to contact the county attorney, the court shall notify the
county attorney and assist in facilitating a meeting between the petitioner and the
county attorney.
At a meeting with the petitioner, the county attorney shall:
(a) Ascertain from the petitioner the facts of the incident;
(b) Determine which criminal offenses may have been committed by the
respondent;
(c) Advise the petitioner of the statutes which may have been violated, the
potential penalties involved, the details of bringing a criminal action, and the
standard of proof required in a criminal action; and
(d) Such other information as the county attorney deems appropriate.
(a) At the meeting, the county attorney shall answer, in the fullest manner
possible, any questions relating to filing and prosecution of criminal charges
which the petitioner may have.
(b) The county attorney shall explain to the petitioner that the petitioner is not
obligated to file criminal charges and may continue with the civil domestic
violence order process.
If the petitioner desires to file criminal charges, the county attorney shall assist the
petitioner in filing a criminal complaint and obtaining a summons or warrant of
arrest for the respondent.
Effective: July 15, 2010
History: Created 2010 Ky. Acts ch. 170, sec. 4, effective July 15, 2010.
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