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403.760 Contempt of court.
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Violation of the terms or conditions of an order issued under the provisions of
KRS 403.740 or 403.750, whether an emergency protective order, or an order
following hearing, after service of the order on the respondent, or notice of the
order to the respondent, shall constitute contempt of court.
Any peace officer having probable cause to believe a violation has occurred of
an order issued under the provisions of KRS 403.740 or 403.750, whether an
emergency protective order or an order following a hearing, and after service
on the respondent or notice to the respondent as provided under KRS 403.735,
shall arrest the respondent without a warrant for violation of a protective order
pursuant to KRS 500.020, 403.715, and 403.740. Following a hearing the
District Court in the county in which the peace officer made the arrest for the
violation may punish the violation of a protective order as a violation of a
protective order.
Court proceedings for contempt of court, under KRS 403.715 to 403.785, shall
be held in the county where the order, whether an emergency protective order
or order following hearing, was issued.
Nothing in this section shall preclude the Commonwealth from prosecuting and
convicting the respondent of criminal offenses other than violation of a
protective order.
Civil proceedings and criminal proceedings for violation of a protective order for
the same violation of a protective order shall be mutually exclusive. Once
either proceeding has been initiated the other shall not be undertaken
regardless of the outcome of the original proceeding.
Effective:July 14, 1992
History: Amended 1992 Ky. Acts ch. 172, sec. 10, effective July 14, 1992. -Created 1984 Ky. Acts ch. 152, sec. 10, effective July 13, 1984.
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