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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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