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403.725 Petition, who may file -- Protective orders.
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Any family member or member of an unmarried couple who is a resident of this
state or has fled to this state to escape domestic violence and abuse may file a
verified petition in the District Court of the county in which he resides. If the
petitioner has left his usual place of residence within this state in order to avoid
domestic violence and abuse, the petition may be filed and proceedings held in
the District Court in the county of his usual residence or in the District Court in
the county of current residence. Any family member or member of an
unmarried couple who files a petition for an emergency protective order in
District or Circuit Court shall make known to the court any custody or divorce
actions, involving both the petitioner and the respondent, that are pending in
any Circuit Court in the Commonwealth. The petition shall also include the
name of the court where filed.
Any family member or any member of an unmarried couple, as those terms are
defined in KRS 403.720, may file for and receive protection under KRS
403.715 to 403.785, notwithstanding the existence of or intent to file an action
in the Circuit Court by either party under the provisions of this chapter.
A petition filed pursuant to subsection (1) of this section may be filed by the
family member or member of an unmarried couple seeking relief or by an adult
family member or member of an unmarried couple on behalf of a minor family
member.
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 a protective order
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.
No Circuit or District Court shall require mediation, conciliation, or counseling
prior to or as a condition of issuing an emergency protective order or domestic
violence order.
When the elected, appointed, or special judge of the district is absent from the
district, otherwise unavailable, or unable to act, any Circuit Judge shall have
the authority to issue an emergency protective order pursuant to KRS 403.730
to 403.785. If a Circuit Judge issues an emergency protective order, except as
otherwise provided in this section, that judge shall conduct the hearing as
required by KRS 403.745 and any order issued shall be enforced as provided
in this chapter.
During any hearing in Circuit Court on dissolution of marriage, child custody, or
visitation, at which both parties are present or represented by counsel, the
Circuit Judge shall have the authority to issue a protective order pursuant to
KRS 403.750 to 403.785.
Following the issuance of a protective order under this section, if the judge who
issued the order is absent from the district, otherwise unavailable, or unable to
conduct proceedings regarding the enforcement, violation, or modification of
the order within a reasonable time, the proceedings shall be conducted by any
District or Circuit Judge.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 99, sec. 1, effective July 15, 1996. -Amended 1992 Ky. Acts ch. 172, sec. 3, effective July 14, 1992; and ch. 414,
sec. 4, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 152, sec. 3,
effective July 13, 1984.
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