403.760 Contempt of court.
(1)
(2)
(3)
(4)
(5)
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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