2013 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.741 Consideration of respondent's criminal history and past emergency protective order or domestic violence order required.
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403.741 Consideration of respondent's criminal history and past emergency
protective order or domestic violence order required.
(1)
(2)
(3)
Prior to a hearing on a domestic violence order, the petitioner or the
respondent may request the court to obtain the information specified in this
subsection, or the court on its own motion may obtain the information specified
in this subsection:
(a) Obtain the respondent's Kentucky criminal history from the Department of
Kentucky State Police or the Administrative Office of the Courts; and
(b) Obtain the history of any Kentucky emergency protective orders or
domestic violence orders relating to the respondent, and the record of
compliance with those orders from the Administrative Office of the Courts.
After obtaining the information requested in subsection (1) of this section, the
court shall review the documents which have been received and shall:
(a) Consider the respondent's criminal history, paying particular attention to
the respondent's record of past violence, threats of violence, and danger
to others;
(b) Consider the record of any past emergency protective orders or domestic
violence orders entered by any Kentucky court relating to the respondent
and the record of the respondent's compliance or noncompliance with
those orders; and
(c) Utilize that information at any hearing required by KRS 403.740 or
403.745 to assess which sanctions may protect against danger to the
petitioner or a family member or member of an unmarried couple for
whom protection is being sought.
The court shall provide a copy of the respondent's criminal history information,
emergency protective order history information, and domestic violence order
history information to the petitioner and to the respondent or counsel for the
petitioner and counsel for the respondent in accordance with the provisions of
CR 26, including CR 26.03, of the Rules of Civil Procedure.
Effective:July 15, 2010
History: Created 2010 Ky. Acts ch. 170, sec. 3, effective July 15, 2010.
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