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403.7521 Foreign protective orders -- Filing -- Affidavit certifying validity -Uncertified orders.
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In KRS 403.715 to 403.785, "foreign protective order" means any judgment, decree,
or order of protection issued by a court of a state of the United States or of any other
court which is entitled to full faith and credit in this state pursuant to 18 U.S.C. sec.
2265.
A copy of any foreign protective order entitled to full faith and credit in this state in
accordance with the Act of Congress or the statutes of this state may be filed in the
office of the clerk of any court of competent jurisdiction of this state. A foreign
protective order so filed shall have the same effect and shall be enforced in the same
manner as an emergency protective order issued by a court of this state.
(a) At the time of the filing of the foreign protective order, the person filing the
order shall file with the clerk of the court an affidavit on a form prescribed
and provided by the Administrative Office of the Courts. The affidavit shall
set forth the name, city, county, and state or other jurisdiction of the issuing
court. The person shall certify in the affidavit the validity and status of the
foreign protective order, and attest to the person's belief that the order has not
been amended, rescinded, or superseded by any orders from a court of
competent jurisdiction. All foreign protective orders presented with a
completed and signed affidavit shall be accepted and filed. Knowingly making
a false statement in an affidavit required by this subsection shall be a violation
of KRS 523.030.
(b) The affidavit signed by the applicant shall have space where the reviewing
judge shall place information necessary to allow the order's entry into the Law
Information Network of Kentucky in the same manner as a Kentucky order.
(a) If the person seeking to file the order presents a copy of the foreign order
which is current by the terms of the order and has been certified by the clerk
or other authorized officer of the court which issued it, the circuit clerk shall
present it to the District Judge or Circuit Judge, who shall read the order and
enter on the affidavit the information necessary to allow the order's entry into
the Law Information Network of Kentucky. The order shall not be subject to
further verification and shall be accepted as authentic, current, and subject to
full faith and credit.
(b) If the order presented is current by the terms of the order but is not certified in
the manner specified in paragraph (a) of this subsection, the circuit clerk shall
present the order and the affidavit to the District or Circuit Judge, who shall
read the order and enter on the affidavit the information necessary to allow the
order's entry into the Law Information Network of Kentucky. The order shall
be subject to full faith and credit in the same manner as a Kentucky
emergency protective order but shall be subject to verification by the circuit
clerk. The order shall be valid for a period of fourteen (14) days and may be
renewed once for a period of fourteen (14) days if the circuit clerk has not
received a certified copy of the order from the issuing jurisdiction. The clerk
shall treat the foreign protective order in the same manner as an emergency
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protective order of this state issued pursuant to KRS 403.740, except that no
service on the adverse party shall be required pursuant to 18 U.S.C. sec. 2265.
(c) Upon the filing of an uncertified protective order the circuit clerk shall, within
two (2) business days, contact the issuing court to request a certified copy of
the order. If the certified copy of the order is received by the circuit clerk
within the initial fourteen (14) day period, the clerk shall cause the
information that certification has been received to be entered into the Law
Information Network of Kentucky and shall notify the applicant for the order
of the fact of its certification. A facsimile copy of a certified foreign order
shall be grounds for the issuance of a domestic violence order.
(d) If the clerk has not received a certified copy of the foreign order within ten
(10) days, the clerk shall notify the court and the applicant that the order has
not been received. The notice to the applicant, on a form prepared by the
Administrative Office of the Courts, shall state that the order will be extended
for another fourteen (14) days, but will be dismissed at that time. If the clerk
informs the judge in writing that the certified foreign order has been requested
but has not yet been received, the judge shall extend the emergency protective
order for a period of fourteen (14) days. If certification of the foreign order is
not received within twenty-eight (28) days, the emergency protective order
shall expire and shall not be reissued. If the applicant meets the qualifications
for the issuance of a Kentucky emergency protective order or a Kentucky
domestic violence order, the court may, upon proper application and showing
of evidence, be issued a Kentucky order in accordance with the provisions of
KRS 403.715 to 403.785.
Notwithstanding any provision to the contrary, a person filing a foreign protective
order shall not be required to pay a fee or other costs in conjunction with the filing
or other matters associated with the authentication of the order.
The right of a person filing a foreign protective order to bring an action to enforce
the order instead of proceeding under KRS 403.715 to 403.785 remains unimpaired.
Effective: July 15, 1996
History: Created 1996 Ky. Acts ch. 99, sec. 4, effective July 15, 1996.
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