2015 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.735 Hearing on petition for order of protection -- Criteria to assess appropriate relief and sanctions -- Continuance of hearing and emergency protective order.
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403.735
Hearing on petition for order of protection -- Criteria to assess
appropriate relief and sanctions -- Continuance of hearing and
emergency protective order.
(1)
(2)
Prior to or at a hearing on a petition for an order of protection:
(a) The court may obtain the respondent's Kentucky criminal and protective
order history and utilize that information to assess what relief and which
sanctions may protect against danger to the petitioner or other person for
whom protection is being sought, with the information so obtained being
provided to the parties in accordance with the Rules of Civil Procedure;
and
(b) If the petitioner or respondent is a minor, the court shall inquire whether
the parties attend school in the same school system to assist the court in
imposing conditions in the order that have the least disruption in the
administration of education to the parties while providing appropriate
protection to the petitioner.
(a) If the adverse party is not present at the hearing ordered pursuant to KRS
403.730 and has not been served, a previously issued emergency
protective order shall remain in place, and the court shall direct the
issuance of a new summons for a hearing set not more than fourteen (14)
days in the future. If service has not been made on the adverse party
before that hearing or a subsequent hearing, the emergency protective
order shall remain in place, and the court shall continue the hearing and
issue a new summons with a new date and time for the hearing to occur,
which shall be within fourteen (14) days of the originally scheduled date
for the continued hearing. The court shall repeat the process of continuing
the hearing and reissuing a new summons until the adverse party is
served in advance of the scheduled hearing. If service has not been made
on the respondent at least seventy-two (72) hours prior to the scheduled
hearing, the court may continue the hearing no more than fourteen (14)
days in the future. In issuing the summons, the court shall simultaneously
transmit a copy of the summons or notice of its issuance and provisions to
the petitioner.
(b) The provisions of this section permitting the continuance of an emergency
protective order shall be limited to six (6) months from the issuance of the
emergency protective order. If the respondent has not been served within
that period, the order shall be rescinded without prejudice. Prior to the
expiration of the emergency protective order, the court shall provide
notice to the petitioner stating that, if the petitioner does not file a new
petition, the order shall be rescinded without prejudice.
Effective:January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 5, effective January
1, 2016. -- Amended 2010 Ky. Acts ch. 170, sec. 19, effective July 15, 2010. -Amended 1996 Ky. Acts ch. 99, sec. 14, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 172, sec. 5, effective July 14, 1992. -- Created 1984 Ky. Acts
ch. 152, sec. 5, effective July 13, 1984.
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