2016 Kentucky Revised Statutes CHAPTER 456 - CIVIL ORDERS OF PROTECTION .070 When protective order becomes effective and binding on respondent -- Mutual protective orders -- Petition hearing testimony later admissible only for impeachment purposes -- Interpersonal protective order intake center.
Download as PDF
456.070 When protective order becomes effective and binding on respondent -Mutual protective orders -- Petition hearing testimony later admissible only for
impeachment purposes -- Interpersonal protective order intake center.
(1)
A temporary or ordinary interpersonal protective order shall become effective and
binding on the respondent when the respondent is given notice of the existence and
terms of the order by a peace officer or the court or upon personal service of the
order, whichever is earlier. A peace officer or court giving notice of an unserved
order shall make all reasonable efforts to arrange for the order's personal service
upon the respondent. Once effective, a peace officer or the court may enforce the
order's terms and act immediately upon their violation.
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any
filing, hearing, service, or order authorized by or required to implement this chapter.
(3) A court shall not require mediation, conciliation, or counseling prior to or as a
condition of issuing an interpersonal protective order.
(4) Mutual protective orders may be issued only if:
(a) Separate petitions have been filed by both parties; and
(b) The orders are written with sufficient specificity to allow any peace officer to
identify which party has violated the order.
(5) Upon proper filing of a motion, either party may seek to amend an interpersonal
protective order.
(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS
456.040 shall not be admissible in any criminal proceeding involving the same
parties except for purposes of impeachment.
(7) (a) The Court of Justice, county and Commonwealth's attorneys, law enforcement
agencies, and victim services organizations may jointly operate an
interpersonal protective order intake center to assist persons who apply for
relief under this chapter.
(b) In cases where criminal conduct is alleged, a court may suggest that a
petitioner voluntarily contact the county attorney. A court may not withhold or
delay relief if the petitioner elects to not contact the county attorney.
(8) A person's right to apply for relief under this chapter shall not be affected by that
person leaving his or her residence to avoid dating violence and abuse, sexual
assault, or stalking.
(9) A court shall order the omission or deletion of the petitioner's address and the
address of any minor children from any orders or documents to be made available to
the public or to any person who engaged in the acts complained of in the petition.
(10) (a) If a petition under this chapter did not result in the issuance of a nontemporary interpersonal protective order, the court in which the petition was
heard may for good cause shown order the expungement of the records of the
case if:
1.
Six (6) months have elapsed since the case was dismissed; and
2.
During the six (6) months preceding the expungement request, the
(b)
respondent has not been bound by an order of protection issued for the
protection of any person including an order of protection as defined in
KRS 403.720.
As used in this subsection, "expungement" has the same meaning as in KRS
431.079.
Effective: January 1, 2016
History: Created 2015 Ky. Acts ch. 102, sec. 25, effective January 1, 2016.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.