2015 Kentucky Revised Statutes CHAPTER 508 - ASSAULT AND RELATED OFFENSES 508.155 Restraining order or interpersonal protective order to be issued upon violation of KRS 508.140 or 508.150.
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508.155 Restraining order or interpersonal protective order to be issued upon
violation of KRS 508.140 or 508.150.
(1)
(2)
(3)
(4)
(5)
(a)
Before January 1, 2016, a verdict of guilty or a plea of guilty to KRS
508.140 or 508.150 shall operate as an application for a restraining order
utilizing the provisions of this section and limiting the contact of the
defendant and the victim who was stalked, unless the victim requests
otherwise.
(b) Beginning January 1, 2016, a verdict of guilty or a plea of guilty to KRS
508.140 or 508.150 shall operate as an application for an interpersonal
protective order issued under KRS Chapter 456, unless the victim
requests otherwise. Notwithstanding the provisions of KRS Chapter 456:
1.
An interpersonal protective order requested under this subsection
may be issued by the court that entered the judgment of conviction;
2.
The judgment of conviction shall constitute sufficient cause for the
entry of the order without the necessity of further proof being taken;
and
3.
The order may be effective for up to ten (10) years, with further
renewals in increments of up to ten (10) years.
The court shall give the defendant notice of his or her right to request a hearing
on the application for a restraining order. If the defendant waives his or her
right to a hearing on this matter, then the court may issue the restraining order
without a hearing.
If the defendant requests a hearing, it shall be held at the time of the verdict or
plea of guilty, unless the victim or defendant requests otherwise. The hearing
shall be held in the court where the verdict or plea of guilty was entered.
A restraining order may grant the following specific relief:
(a) An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim; or
(b) An order restraining the defendant from making contact with the victim,
including an order forbidding the defendant from personally, or through an
agent, initiating any communication likely to cause serious alarm,
annoyance, intimidation, or harassment, including but not limited to
personal, written, telephonic, or any other form of written or electronic
communication or contact with the victim. An order issued pursuant to this
subsection relating to a school, place of business, or similar
nonresidential location shall be sufficiently limited to protect the stalking
victim but shall also protect the defendant's right to employment,
education, or the right to do legitimate business with the employer of a
stalking victim as long as the defendant does not have contact with the
stalking victim. The provisions of this subsection shall not apply to a
contact by an attorney regarding a legal matter.
A restraining order issued pursuant to this section shall be valid for a period of
not more than ten (10) years, the specific duration of which shall be determined
by the court. Any restraining order shall be based upon the seriousness of the
facts before the court, the probability of future violations, and the safety of the
victim, his or her immediate family, or both.
(6)
Unless the defendant has been convicted of a felony, or is otherwise ineligible
to purchase or possess a firearm under federal law, a restraining order issued
pursuant to this section shall not operate as a ban on the purchase or
possession of firearms or ammunition by the defendant.
(7) The restraining order shall be issued on a form prescribed by the
Administrative Office of the Courts and may be lifted upon application of the
stalking victim to the court which granted the order.
(8) Within twenty-four (24) hours of entry of a restraining order or entry of an order
rescinding a restraining order, the circuit clerk shall forward a copy of the order
to the Law Information Network of Kentucky (LINK).
(9) A restraining order issued under this section shall be enforced in any county of
the Commonwealth. Law enforcement officers acting in good faith in enforcing
a restraining order shall be immune from criminal and civil liability.
(10) A violation by the defendant of an order issued pursuant to this section shall be
a Class A misdemeanor. Nothing in this section shall preclude the filing of a
criminal complaint for stalking based on the same act which is the basis for the
violation of the restraining order.
Effective:January 1, 2016
History: Amended 2015 Ky. Acts ch. 102, sec. 46, effective January 1, 2016. -Created 2002 Ky. Acts ch. 119, sec. 2, effective July 15, 2002.
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