2015 Kentucky Revised Statutes CHAPTER 403 - DISSOLUTION OF MARRIAGE -- CHILD CUSTODY 403.763 Violation of order of protection constitutes contempt of court and criminal offense.
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403.763 Violation of order of protection constitutes contempt of court and
criminal offense.
(1)
(2)
(3)
(4)
Violation of the terms or conditions of an order of protection after the person
has been served or given notice of the order shall constitute contempt of court
and a criminal offense under this section. Once a criminal or contempt
proceeding has been initiated, the other shall not be undertaken regardless of
the outcome of the original proceeding.
(a) Court proceedings for contempt of court for violation of an order of
protection shall be held in the county where the order was issued or filed.
(b) Court proceedings for a criminal violation of an order of protection shall
follow the rules of venue applicable to criminal cases generally.
Nothing in this section shall preclude the Commonwealth from prosecuting and
convicting the respondent of criminal offenses other than violation of an order
of protection.
(a) A person is guilty of a violation of an order of protection when he or she
intentionally violates the provisions of an order of protection after the
person has been served or given notice of the order.
(b) Violation of an order of protection is a Class A misdemeanor.
Effective:January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 17, effective January
1, 2016. -- Created 1992 Ky. Acts ch. 172, sec. 15, effective July 14, 1992.
Legislative Research Commission Note (1/1/2016). In 2015 Ky. Acts ch. 102, sec.
17, this statute was repealed and reenacted with language substantially different
from that contained in the version current at that time. In Section 51 of that Act,
KRS 403.763 (this statute) was also included in the list of statutes to be
repealed. In codification, the Reviser of Statutes has determined that there was
no intention to both repeal and repeal and reenact the same statute and that the
inclusion of KRS 403.763 in the list of statutes to be repealed was a manifest
clerical or typographical error. As such, that repeal will not prevail over its repeal
and reenactment in the same Act under the authority of KRS 7.136(1)(h).
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