2016 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY .745 Duration of emergency protective order and domestic violence order -- Prohibited costs and conditions -- Mutual orders of protection -- Amendment -- Expungement.
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403.745 Duration of emergency protective order and domestic violence order -Prohibited costs and conditions -- Mutual orders of protection -- Amendment - Expungement.
(1)
An emergency protective order and a domestic violence order shall become
effective and binding on the respondent when the respondent is given notice of the
existence and terms of the order by a peace officer or the court or upon personal
service of the order, whichever is earlier. A peace officer or court giving notice of
an unserved order shall make all reasonable efforts to arrange for the order's
personal service upon the respondent. Once effective, a peace officer or the court
may enforce the order's terms and act immediately upon their violation.
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any
filing, hearing, service, or order authorized by or required to implement KRS
403.715 to 403.785.
(3) A court shall not require mediation, conciliation, or counseling prior to or as a
condition of issuing an order of protection.
(4) Mutual orders of protection may be issued only if:
(a) Separate petitions have been filed by both parties; and
(b) The orders are written with sufficient specificity to allow any peace officer to
identify which party has violated the order.
(5) Upon proper filing of a motion, either party may seek to amend an order of
protection.
(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS
403.730 shall not be admissible in any criminal proceeding involving the same
parties, except for purposes of impeachment.
(7) (a) The Court of Justice, county and Commonwealth's attorneys, law enforcement
agencies, and victim services organizations may jointly operate a domestic
violence intake center to assist persons who apply for relief under KRS
403.715 to 403.785.
(b) In cases where criminal conduct is alleged, a court may suggest that a
petitioner voluntarily contact the county attorney. A court may not withhold or
delay relief if the petitioner elects to not contact the county attorney.
(8) A person's right to apply for relief under this chapter shall not be affected by that
person leaving his or her residence to avoid domestic violence and abuse.
(9) A court shall order the omission or deletion of the petitioner's address and the
address of any minor children from any orders or documents to be made available to
the public or to any person who engaged in the acts complained of in the petition.
(10) (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a
domestic violence order, the court in which the petition was heard may for
good cause shown order the expungement of the records of the case if:
1.
Six (6) months have elapsed since the case was dismissed; and
2.
During the six (6) months preceding the expungement request, the
respondent has not been bound by an order of protection issued for the
(b)
protection of any person, including an order of protection as defined in
KRS 456.010.
As used in this subsection, "expungement" has the same meaning as in KRS
431.079.
Effective: January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 7, effective January 1,
2016. -- Amended 1992 Ky. Acts ch. 172, sec. 7, effective July 14, 1992. -- Created
1984 Ky. Acts ch. 152, sec. 7, effective July 13, 1984.
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