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403.740 Domestic violence order -- Restrictions -- Temporary child support -Expiration and reissuance.
(1)
(2)
(3)
Following a hearing ordered under KRS 403.730, if a court finds by a
preponderance of the evidence that domestic violence and abuse has occurred
and may again occur, the court may issue a domestic violence order:
(a) Restraining the adverse party from:
1.
Committing further acts of domestic violence and abuse;
2.
Any unauthorized contact or communication with the petitioner or
other person specified by the court;
3.
Approaching the petitioner or other person specified by the court
within a distance specified in the order, not to exceed five hundred
(500) feet;
4.
Going to or within a specified distance of a specifically described
residence, school, or place of employment or area where such a
place is located; and
5.
Disposing of or damaging any of the property of the parties;
(b) Directing or prohibiting any other actions that the court believes will be of
assistance in eliminating future acts of domestic violence and abuse,
except that the court shall not order the petitioner to take any affirmative
action;
(c) Directing that either or both of the parties receive counseling services
available in the community in domestic violence and abuse cases; and
(d) Additionally, if applicable:
1.
Directing the adverse party to vacate a residence shared by the
parties to the action;
2.
Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822,
grant temporary custody; and
3.
Utilizing the criteria set forth in KRS 403.211, 403.212, and 403.213,
award temporary child support.
In imposing a location restriction described in subsection (1)(a)4. of this
section, the court shall:
(a) Afford the petitioner and respondent, if present, an opportunity to testify
on the issue of the locations and areas from which the respondent should
or should not be excluded;
(b) Only impose a location restriction where there is a specific, demonstrable
danger to the petitioner or other person protected by the order;
(c) Specifically describe in the order the locations or areas prohibited to the
respondent; and
(d) Consider structuring a restriction so as to allow the respondent transit
through an area if the respondent does not interrupt his or her travel to
harass, harm, or attempt to harass or harm the petitioner.
When temporary child support is granted under this section, the court shall
enter an order detailing how the child support is to be paid and collected. Child
support ordered under this section may be enforced utilizing the same
(4)
procedures as any other child support order.
A domestic violence order shall be effective for a period of time fixed by the
court, not to exceed three (3) years, and may be reissued upon expiration for
subsequent periods of up to three (3) years each. The fact that an order has
not been violated since its issuance may be considered by a court in hearing a
request for a reissuance of the order.
Effective:January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 6, effective January
1, 2016. -- Amended 2010 Ky. Acts ch. 170, sec. 2, effective July 15, 2010. -Amended 2004 Ky. Acts ch. 133, sec. 44, effective July 13, 2004. -- Amended
1996 Ky. Acts ch. 99, sec. 16, effective July 15, 1996. -- Amended 1992 Ky.
Acts ch. 172, sec. 6, effective July 14, 1992. -- Created 1984 Ky. Acts ch. 152,
sec. 6, effective July 13, 1984.
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