Ky. Cir. Ct. Clerks' Manual DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34 DOMESTIC VIOLENCE AND INTERPERSONAL

PROTECTIVE ORDERS

KRS 403.715 to 403.785, KRS 456, FCRPP Part IV

District Court, Circuit Court, and Family Court Division of Circuit Court Process Map

 Domestic violence and interpersonal protective order proceedings allow victims of domestic

violence, dating violence and abuse, stalking, and sexual assault to obtain protection against

further wrongful conduct through court protective orders and to expand law enforcement’s

authority to intervene and assist victims.

 Domestic violence includes physical injury, serious physical injury, stalking,

strangulation, sexual abuse, assault, or fear thereof between family members or

members of an unmarried couple. KRS 403.720.

 Dating violence and abuse means physical injury, serious physical injury, stalking,

strangulation, sexual assault, or the infliction of fear of imminent physical injury,

serious physical injury, sexual abuse, or assault occurring between persons who are or

have been in a dating relationship. KRS 456.010.

 A victim of sexual assault or stalking as defined in KRS 456.010 may file a petition for

an interpersonal protective order. No previous relationship is required.

 In each jurisdiction, a local protective order protocol has been adopted by the District Judge,

Family Court Judge (in counties where Family Court has been established) and Circuit Judge

and approved by the Chief Justice of the Supreme Court. In addition to the information

contained in this section, refer to your Local Protective Order Protocol for specific

directions.

 All protective order petitions shall be assigned a D case number with the appropriate trailer

number, regardless of who (District Judge, Trial Commissioner, Family Court Judge or Circuit

Judge) reviews the petition and orders the case filed.

 Protective Order Petition

 Denied Petition

 Issuance of Summons Only

 Emergency/Temporary Interpersonal Protective Orders

 Appeal of Protective Order

 Violation of Protective Order (Civil Contempt)

 Violation of Protective Order (Criminal)

 Suspension of License to Carry Concealed Deadly Weapon

 Foreign Protective Order

 Interpersonal Protective Order Following Stalking Conviction

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

 Expungement

34.1 Venue

A domestic violence and/or interpersonal protective order petition may be filed:

• In the county where the victim resides; or

• In the county of current residence of the victim if the victim has left their usual residence to

avoid violence and abuse. KRS 403.725(1), KRS 456.030.

NOTE: You are required to accept all petitions/motions for orders of protection. The judge or trial

commissioner will make any and all determinations regarding the filing of the petition.

34.2 Confidentiality

 In domestic violence and interpersonal protective order cases the address of the petitioner

and minor children are confidential. KRS 403.745, KRS 456.070.

 Keep the case file in a locked cabinet. If a person, other than the petitioner or his/her

attorney, requests access, do not give the person the file. Instead, make copies of the

requested documents. Mark through/redact the addresses of the petitioner and any minor

children.

 Additionally, when the case is placed in the confidential division per KRS 403.727 and KRS

456.035; refer to Confidentiality Section 53.1 and KRS 610.340.

 Access to copies of records (including paper files) that are placed in the confidential division

should be consistent with KRS 610.340. Also see Confidentiality Section 53.1.

EXCEPTION: The Cabinet for Health and Family Services is entitled to access the address of the

petitioner and any minor children.

34.3 Filing Fee

There are no filing fees for domestic violence or interpersonal protective order cases. No bond is

required of the petitioner; nor is the petitioner required to pay any fees for service. KRS 403.745,

KRS 456.070.

EXCEPTION: Filing fees may be assessed for appeals filed in protective order actions. See Appeals.

34.4 Cases Involving Minors as Petitioner/Respondent/Petitioner “On

Behalf of a Minor”

 Protective order proceedings with cases involving petitioner as minor, respondent as minor

or petitioner specifically “on behalf of a minor” are confidential and shall be placed in the

confidential division under KRS 610.340, unless otherwise ordered by the court.

 Address information of the petitioner must be kept confidential pursuant to the

Confidentiality Section above.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

 When the case is placed in the confidential division per KRS 403.727 and KRS Quick Reference

456.035 access to copies of records (including paper files) that are placed in

the confidential division should be consistent with KRS 610.340. See

Confidentiality Section 53.1 and KRS 610.340.

 A petition/motion for protection may be filed on behalf of a minor by an adult.

Party type P for

However, if a minor files a petition on his or her own behalf, you should

plaintiff/petitioner

accept it.

and party type CH

NOTE: Do not use initials or abbreviations for names of minors regardless of for minor.

whether the minor is a petitioner or respondent.

NOTE: When an adult files a petition on behalf of a minor, that adult should be

listed as the petitioner and added in KYCourts as a plaintiff/petitioner using

party type P. The minor to be protected is added using party type CH. Enter

the minor’s full name, not initials on top of page 2 of the petition.

Service of Minor Respondent

1. If the respondent is a minor, the respondent’s parent or guardian must be

served on behalf of the juvenile. Request parent or guardian information for

service. If none is provided, notify petitioner that service may not be possible.

You may not appoint a guardian ad litem for the respondent for purposes of

service unless the minor has no parent or guardian. FCRPP 10(4). AOC Form 115

2. If the minor has no parent or guardian, consult your roster of attorneys and File, date, initial

make an appointment for purposes of service unless your judge wishes to

make these appointments. Document code

AGAL

3. Prepare AOC Form 115, Appointment of Guardian Ad Litem. Apply the FILED

stamp; add the date and your initials.

4. File the appointment by completing a document screen using document code

AGAL.

Notice to School Administration

When a child is the respondent or petitioner for a domestic violence order issued under KRS 403.740

or an interpersonal protective order issued under KRS 456.060, upon direction from the judge, mail

a copy of the protective order to the superintendent and director of pupil personnel of the public

school district in which the child is enrolled, or the principal of any private elementary or secondary

school that the child attends and the school resource officer or any other contract employee hired

to provide security for the school. KRS 610.345.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.5 Appointment of Guardian Ad Litem

 Protective order proceedings with cases involving petitioner as minor,

respondent as minor or petitioner specifically “on behalf of a minor” are Quick Reference

confidential. If the court orders an evidentiary hearing a GAL shall be

appointed for any unrepresented minor who is a respondent or petitioner.

KRS 403.727 & 456.035.

 Whether appointed pursuant to statute KRS 387.305 or pursuant to a

provision of the Kentucky Unified Juvenile Code, the duties of a guardian ad

litem shall be to advocate for the client's best interest in the proceeding

through which the guardian ad litem was appointed. Without an

appointment, the guardian ad litem shall have no obligation to initiate action

or to defend the client in other proceedings.

• Consult your roster of attorneys and make an appointment unless your

File, date, initial

judge wishes to make these appointments.

Document type AGAL

• Prepare and sign the appointment of Guardian Ad Litem form.

• Apply the FILED stamp; add the date and your initials.

• File the appointment by completing a document screen, using document

type AGAL.

• Make a copy of the appointment and attach the copy to the complaint to

be served on the guardian ad litem.

34.6 Petition/Motion for Order of Protection Quick Reference

 Give the petitioner a brochure, How to Obtain a Protective Order, a supply of

which may be ordered from the Print Shop at AOC.

AOC Form 275.1

1. The petitioner should complete AOC Form 275.1, Petition/Motion for

Order of Protection, which includes the motion for relief. The petition

must be signed and it must be verified. KRS 403.725, KRS 456.030.

AOC Form 275.1

NOTE: An attorney filing a verified motion stating an act of domestic

violence has occurred in a dissolution or child custody proceeding must

complete AOC Form 275.1 Petition/Motion for Order of Protection for AOC Form 275.1

entry in the LINK system. KRS 403.725. File, date, initial

2. Upon receipt of a signed and verified petition, AOC Form 275.1, apply the

FILED stamp; add the date and your initials.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.6.1 Review of Petition

1. Upon receipt of a petition for an EPO/IPO, check the index of circuit court Quick Reference

cases to ascertain if a dissolution or child custody proceeding between the

parties is pending. If a dissolution or child custody case is pending between Check Index

the parties, cross-reference the D case with the circuit CI case and place a

copy of any resulting orders entered in the circuit CI case file.

2. Submit the petition to the appropriate Trial Commissioner, District Court

Judge, Family Court Judge, or Circuit Court Judge as provided by your

Deliver to judge

Protective Order Protocol.

3. Upon receipt of a petition which has been reviewed, refer to the Court Action

box on page 3 for the judge or trial commissioner’s determination. See

additional instructions below to process a denied petition, to issue a summons

only, or to issue an emergency/temporary interpersonal protective order.

NOTE: Protective order petitions may be taken after regular office hours and

each local Protocol is required to outline the procedure for petition intake and

review. Upon receipt of a petition taken after hours, process the documents

received according to these additional instructions along with any other requirements of the

local Protocol.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.6.2 Denied Petitions

1. If the trial commissioner/judge denies the petition and does not issue an Quick Reference

Emergency Protective Order (EPO) or Temporary Interpersonal Protective

Order (TIPO) or direct the issuance of a summons for a hearing, the trial

commissioner/judge shall note that information on the petition. KRS

403.735(4), KRS 456.040, FCRPP 10.

2. Refer to the Case Add section of the KyCourts Manual for instructions on D case

opening the case. If no prior case exists involving the parties, assign a case

number using the next pre-numbered folder for D cases including a trailer

number. If a prior case exists involving the parties, assign the appropriate

trailer to the existing case number.

 Best Practice: Cases involving petitioner as minor, respondent as

minor or petitioner specifically “on behalf of a minor” placed in the

confidential division are to be filed in a separate-colored file folder

and bound with other existing trailers, if any.

 Do not assign a new number if the same parties have a prior domestic

violence or interpersonal protective order case in your court.

 It does not matter which party was the petitioner or the respondent,

so long as the case is a DV/IPO case between the two parties named Case type DDP or

in the current petition. DIP

 To separate trailers, copy the case history at the close of each case.

Place a tab on the side of the copy and insert in a file folder as a

Document type

divider.

COM

3. For domestic violence cases, assign a case type code of DDP. For

interpersonal protective order cases, use case type code DIP.

Do not include the

4. Add the petition as a document using document type COM. petitioner’s address

5. The judge number code of the trial commissioner or judge reviewing the on the party screen

petition shall be entered on the case screen as the opening judge.

Disposition type

6. Do not include the petitioner’s address on the party screen. DVD or IPD

7. Close the case screen by completing the disposition date, disposition type Memo “Denied

code DVD (Domestic Violence Denied) or IPD (Interpersonal Protective Petition”

Order Denied) and the trial commissioner or judge at disposition. Note in Copy to the

the memo “Denied Petition”. petitioner

8. Distribute a copy of the denied petition to the petitioner.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.6.3 Issuance of Summons Only

If the court issues an EPO or an TIPO, proceed to Emergency/Temporary

Interpersonal Protective Orders. Quick Reference

If the court determines that domestic or dating violence/abuse, stalking, or

sexual assault exists and issues a summons, but does not issue an EPO or

TIPO:

1. Refer to the Case Add section of the KYCourts Manual for instructions on

opening the case. If no prior case exists involving the parties, assign a case D case

number using the next pre-numbered folder for D cases including a trailer Case type:

number. If a prior case exists involving the parties, assign the appropriate DV – Domestic

trailer to the existing case number. Violence

 Best Practice: Cases involving petitioner as minor, respondent as IPO – Interpersonal

minor or petitioner specifically “on behalf of a minor” placed in the Protection

confidential division are to be filed in a separate-colored file folder

and bound with other existing trailers, if any.

 Do not assign a new number if the same parties have a prior domestic

violence or interpersonal protective order case in your court.

 It does not matter which party was the petitioner or the respondent,

so long as the case is a DV/IPO case between the two parties named Event type DV or IP

in the current petition. Do not include

 To separate trailers, copy the case history at the close of each case. petitioner’s address

Place a tab on the side of the copy and insert in a file folder as a on party screen

divider. Document type

COM

2. For DVO cases, use case type DV. For IPO cases, use case type IP.

3. Do not include the petitioner's address on the party screen.

4. Add the petition as a document using document type COM.

5. Enter the judge code of the trial commissioner or judge reviewing the

petition and ordering the case filed on the case screen as the opening

judge. Event type DV

6. Check the index of circuit court cases to ascertain if a dissolution or child

custody proceeding between the parties is pending. If so, cross-reference AOC Form 275

the domestic violence with the dissolution or child custody case.

7. Schedule a hearing date according to your local protective order protocol by completing

a scheduled events screen, using event type DV.

8. Prepare AOC Form 275, Protective Order Summons and complete a summons screen.

Use summons type PO. Include the court date (which must be within 14 days of the

issuance of the summons, including the day of issuance.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.6.4 Service of Petition and Summons

1. Using the most expedient means reasonably available and within 24 hours following the

issuance of the summons, hand deliver, fax or mail a copy of the petition and summons

as follows (please note that the original petition is to remain in the case file; only

distribute copies with the petitioner's address and the address of any minor children

marked through/redacted):

• Agency Assigned Service: The A.A.S. receives the original summons for return, a

redacted copy of the petition (with the address of the petitioner and address of any

minor children marked through) and a copy of the summons for each respondent.

KRS 403.751, KRS 456.110.

• Petitioner or his/her attorney.

• Agency responsible for LINK entry.

2. Send a copy to the Cabinet for Health and Family Services. Do not mark through the

address of the petitioner or any minor children.

34.6.5 Executed Summons

1. Upon receipt of an executed summons apply the FILED stamp; add the Quick Reference

date and your initials. Complete the service date field on the summons File, date, initial

screen.

NOTE: If service is executed by out of state agency, using the most

expedient means reasonably available and within 24 hours following the Deliver to LINK

filing of the executed summons, hand deliver, fax or mail a copy of the

executed summons to the Agency Responsible for LINK Entry.

34.6.6 Failure of Service Notice

File any written notice you receive from the Agency Assigned Service

regarding the failure of service of a summons by applying the FILED stamp; File, date, initial

add date and your initials. Memo this written notice (or any oral notice) on

the summons screen.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.7 Emergency/Temporary Interpersonal Protective Orders

 If the court determines an emergency exists with regard to domestic violence and abuse,

you will receive an EPO.

 If the court determines an emergency exists with regard to dating violence and abuse,

stalking, or sexual assault, you will receive a TIPO.

1. Refer to the Case Add section of the KYCourts Manual for instructions on opening the

case. If no prior case exists involving the parties, assign a case number using the next

pre-numbered folder for D cases including a trailer number. If a prior case exists involving

the parties, assign the appropriate trailer to the existing case number.

 Best Practice: Cases involving petitioner as minor, respondent as minor or

petitioner specifically “on behalf of a minor” placed in the confidential division

are to be filed in a separate-colored file folder and bound with other existing

trailers, if any.

 Do not assign a new number if the same parties have a prior domestic violence

or interpersonal protective order case in your court.

 It does not matter which party was the petitioner or the respondent, so long as

the case is a DV/IPO case between the two parties named in the current petition.

 To separate trailers, copy the case history at the close of each case. Place a tab

on the side of the copy and insert in a file folder as a divider.

2. Do not include the petitioner's address on the party screen. Quick Reference

3. Add the petition as a document using document type COM.

4. Enter the judge code of the trial commissioner or judge reviewing the

petition and ordering the case filed on the case screen as the opening

judge. Document type

COM

5. Upon receipt of an EPO or TIPO (AOC Form 275.2, Order of Protection),

apply the ENTERED stamp; add the date and your initials. Enter on a

document screen:

• For EPOs, use document type OEP. Enter, date, initial

• For TIPOs, use document type TIPO.

6. Check the index of circuit court cases to ascertain if a dissolution or child Document type

custody proceeding between the parties is pending. If so, cross-reference OEP

the domestic violence with the dissolution or child custody case. In a non- Document type

family court jurisdiction, notify the Circuit Judge of the EPO filing and TIPO

schedule any future events as directed by local protocol. In the CI case,

complete a document screen using code OEP and place a copy in the case

record.

Document type

OEP

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.7.1 Protective Order Summons

1. Upon entry of the EPO or TIPO, prepare a summons (AOC Form 275,

Protective Order Summons) and complete a summons screen using AOC Form 275

summons type PO. Include the court date (which must be within 14 days of Summons type PO

the issuance of the summons).

Schedule event

2. Note the hearing date by completing a scheduled events screen using

event type DV. The hearing is a bench trial before the District Judge, Event type DV

Family Court Judge or Circuit judge, as appropriate under your local

Protective Order Protocol. Trial commissioners are not authorized to

preside over these hearings. SCR 5.030.

34.7.2 Notice of Impending Expiration Un-served Emergency/Temporary

Order of Protection

In all cases where an EPO or TIPO was issued, complete the following scheduled events to

create a tickler:

Time from Scheduled Event Notes

Issuance Date Type

5 months TMN: To Mail Reminder for clerk’s to mail AOC 275.13

Notice of Expiration (Notice of Impending Expiration of

of Unserved Unserved Protection Order) per

Protection Order distribution list.

6 months REPO: Review This date is a review date to remind the

Unserved EPO/IPO clerk to deliver the court file along with

AOC Form 275.3 (Order of Protection) to

the Judge for review. Assign the review

date in accordance with the local

protective order court dates. The review

date may be longer than the six month

date to be in compliance with local

protective order court dates.

NOTE: Unschedule the tickler events once service is executed.

NOTE: If the EPO/TIPO was not served within six months from the date of its issuance and,

in accordance with KRS 403.735 or KRS 456.050 and the court RESCINDED without prejudice:

See section 34.10 for disposition instructions.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.7.3 EPO/TIPO Service

1. Using the most expedient means reasonably available and within 24 hours Quick Reference

following the entry and issuance of the EPO or TIPO and summons, hand Distribute within 24

deliver, fax or mail a copy of the summons, EPO or TIPO, and a copy of the hours

petition with the petitioner's address and the address of any minor

children marked through on all copies as follows: (please note that the

original petition and original EPO or TIPO is to remain in the case file; only

distribute copies with the petitioners address and any minor children

marked through/redacted):

• Agency Assigned Service: The A.A.S. receives the original summons, a

copy of the EPO or TIPO, a redacted copy of the petition, and a copy

of the EPO or TIPO and summons for each respondent.

• Petitioner or attorney.

• Agency responsible for LINK entry.

2. Send a copy to the Cabinet for Health and Family Services. Do not mark

through the address of the petitioner or any minor children.

3. File a copy in the dissolution or child custody case if one is pending.

34.7.4 Executed Summons

1. File the executed summons by applying the FILED stamp; add the date Quick Reference

and your initials. File, date, initial

2. Complete the service date field on the summons screen.

Complete service

NOTE: If service is executed by out of state agency, using the most date

expedient means reasonably available and within 24 hours following the

filing of the executed summons, hand deliver, fax or mail a copy of the

executed summons to the Agency Responsible for LINK Entry.

Remove tickler

3. Unschedule the tickler events TMN and REPO once service is executed.

events

34.7.5 Failure of Service Notice

1. File any written notice you receive from the Agency Assigned Service

regarding the failure of service of a summons by applying the FILED File, date, initial

stamp; add date and your initials. Memo this written notice (or any oral

notice) on the summons screen.

Notify judge

2. Notify the issuing judge of the notice.

NOTE: A summons may be reissued and an EPO or TIPO continued up to six

(6) months from the issuance of the EPO or TIPO. If the petitioner files a

new petition before the expiration of the EPO or TIPO, the six (6) month

process begins again.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.7.6 Subsequent Summons

A subsequent summons may be issued for additional 14-day periods and may supersede an

earlier summons.

1. Upon reissuance of the summons, prepare AOC Form 275 (Protective AOC Form 275

Order Summons) and attach a copy of the EPO or TIPO, and a copy of the

petition (only distribute copies with the petitioners address and any minor

children marked through/redacted). Complete summons

screen

2. Complete a summons screen including the court date which must be

within 14 days of the issuance of the summons. Schedule event

3. Note the hearing date by completing a scheduled events screen using

event type DV. Event type DV

4. Request an updated Criminal and Protective Order History for the

Respondent if directed by your judge on Case Level Maintenance.

5. For more information on handling return of a summons, see Executed

Summons, and Failure of Service Notice.

34.8 Criminal and Protective Order History

1. Upon creation of a new case or a new trailer in an existing case, the Respondent’s

criminal and protective order history will automatically be requested from the AOC. You

should retrieve this record to include in the court file prior to or at the hearing, including

a copy to all parties. In KyCourts, print record checks by checking the “Retrieve Record

Check” in Docket Preparation.

2. If the judge subsequently requests an updated criminal and protective order history, it

may be obtained by using the ”Request a Record Check” function under Case Level

Maintenance. A records requests takes approximately 24-48 hours to process, and may

be subsequently obtained by using “Retrieve Record Check” function under Case Level

Maintenance.

3. If you receive a motion to expunge a protective order case, an updated criminal and

protective order history must be requested and received prior to the hearing.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.9 Order of Protection – DVO/IPO Issued

1. Upon receipt of AOC Form 275.3, apply the ENTERED stamp; add date and Quick Reference

your initials. Enter on a document screen. AOC Form 275.3

Enter, date, initial

 For a domestic violence order, use document type ODV.

Document type

 For an interpersonal protective order, use document type IPO. ODV

NOTE: The order may be effective for up to three years. Upon motion, an order Document type IPO

may be renewed a period of three years for an unlimited number of times. KRS

403.740, KRS 456.060.

2. Using the most expedient means reasonably available and within 24 hours of

entry of the order, hand deliver, fax or mail a copy to:

• Petitioner

Deliver within 24

• Attorney For Petitioner hours

• Respondent

• Attorney for Respondent

• Agency Responsible for LINK entry

• Any other agency named in the order

3. Send a copy to the Cabinet for Health and Family Services. Do not mark

through the address of the petitioner or any minor children.

4. Close the case screen by completing the disposition date, disposition type of

JCT – Judgment Court Trial and judge at disposition. Close case

5. File a copy in the dissolution or child custody proceeding if one is pending.

34.10 Order of Protection − Dismissed

1. Upon receipt of AOC Form 275.3, apply the ENTERED stamp; add date and your

initials. Enter on a document screen.

2. For a dismissed domestic violence order, use document type ODVD.

3. When the order closes the case, complete the disposition date, disposition type DIS and

judge at disposition fields on the case screen.

4. Using the most expedient means reasonably available and within 24 hours of entry of

the order, hand deliver, fax or mail a copy to:

• Petitioner

• Attorney For Petitioner

• Respondent

• Attorney for Respondent

• Agency Responsible for LINK entry

• Any other agency named in the order

5. Send a copy to the Cabinet for Health and Family Services. Do not mark through the

address of the petitioner or any minor children.

6. File a copy in the dissolution or child custody proceeding, if one is pending.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.11 Rescind Unserved Protection Order

1. Upon receipt of AOC Form 275.3, apply the ENTERED stamp; add date and your initials.

Enter on a document screen using document type ODVD.

2. When the order closes the case, complete the disposition date, disposition type RUPO-

Rescind Unserved Protected Order and judge at disposition fields on the case screen.

3. Using the most expedient means reasonably available and within 24 hours of entry of the

order, hand deliver, fax or mail a copy to:

• Petitioner

• Attorney For Petitioner

• Respondent

• Attorney for Respondent

• Agency Responsible for LINK entry

• Any other agency named in the order

4. Send a copy to the Cabinet for Health and Family Services. Do not mark through the

address of the petitioner or any minor children.

5. File a copy in the dissolution or child custody proceeding if one is pending.

34.12 DVO/IPO Transfer

Transferring Court

1. Apply the ENTERED stamp to the order changing venue; add date and initials

2. Complete a document screen using document code OTRN – Order to Transfer. Memo

the county to which it is transferred.

3. Complete the disposition date, with disposition type of TRF – Transferred and judge at

disposition. Memo in case screen: Case transferred to (insert county)

4. Retain the case file with a copy of the order transferring and a copy of the case history.

5. Transmit the original case file including the case history to the transferring county.

Receiving Court

1. Apply the FILED stamp to the entire record as a single item; add the date and your

initials.

2. Check the index of cases; if a prior case exists involving the parties, assign the

appropriate trailer to the existing case number; otherwise use the next pre-numbered

'D' file folder.

3. Add using case type DV or IP.

4. File on a document screen using document type DCF.

5. Send a copy of the record to your local Dispatch/Post, notifying them of the transferred

case with the updated case number from your county.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

NOTE: Considering the severity of potential consequences, it is imperative that the

dispatcher/post receive case information as soon as possible so the ORI in LINK/NCIC can be

updated. If there are any questions about this process, discuss with your Circuit Court Clerk,

refer to the Clerks’ Manual, and/or contact ecourtsupport@kycourts.net.

34.13 Suspension of License to Carry Concealed Weapon

 A license to carry a concealed weapon shall be suspended or revoked if an EPO or DVO

is issued against the licensee. KRS 237.110(13)(k). The licensee must surrender the

license to the court or a peace officer serving an EPO. The license is suspended until the

DVO is terminated or the judge who issued the EPO/DVO terminates the suspension

prior to the termination of the DVO.

NOTE: Suspension of a license to carry a concealed weapon does not apply to TIPO or

IPO orders.

If you receive a license to carry a concealed weapon which was suspended or revoked

because of domestic violence:

1. Place the license in an envelope and note "License to Carry Concealed Weapon" on

the outside of the envelope.

2. Staple the envelope inside the domestic violence case file.

3. Upon request of the licensee, return the license to the licensee, IF:

• The Emergency Protective Order/Domestic Violence Order is terminated; or

• A written Order Terminating the License Suspension is entered.

34.13.1 Purchase or Attempt to Purchase Firearm by Respondent

If you receive information regarding the purchase or attempt to purchase firearm by a

respondent named in an emergency protective or domestic violence order

(KRS 237.100): Quick Reference

1. If the information is by written notice, apply the FILED stamp; add the File, date, initial

date and your initials. File by completing a document screen. Deliver a

copy to the issuing judge.

2. If the information is received by a telephone call, note the date and Alert judge

message in the memo field of the case screen. Alert the issuing judge Schedule

using the most expedient means available. hearing/give notice

3. If directed by the court, schedule a hearing and/or give notice to the

petitioner.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.14 Motion to Amend Protective Order

A Motion to Amend Prior Protective Order, AOC Form 275.6, may be filed by

either the petitioner or respondent to request a change to any terms of the AOC Form 275.6

existing order. KRS 403.745, KRS 456.070.

1. Upon receipt of Motion to Amend, apply the FILED stamp; add date and

File, date, initial

your initials. Use motion type AM. Schedule event

2. Note the date, time and location of the hearing on the form. Add motion

3. Calendar the hearing by completing a scheduled events screen. Complete a Motion type AM

motion screen.

4. Serve copies as noted on the distribution list of AOC 275.6.

34.14.1 Order Amending Protective Order

1. After the hearing, enter the Order by applying the ENTERED stamp; add Enter, date, initial

date and your initials. Complete a document screen. Complete

document screen

2. Using the most expedient means reasonably available and with 24 hours

Deliver within 24

following the entry of the order by the clerk, hand deliver, fax or mail a

hours

copy to:

• Petitioner

• Attorney For Petitioner

• Respondent

• Attorney for Respondent

• Agency Responsible for LINK entry

• Any other agency named in the order

3. File a copy in the dissolution or child custody proceeding, if one is pending.

34.15 Appeal of Protective Order

Upon receipt of a Notice of Appeal of Protective Order:

If a protective order signed by a district judge is appealed, collect filing fees for appeals

to circuit court as set forth in the Accounting Manual and give a receipt. Do not apply the

FILED stamp or process the notice of appeal until the filing fees are paid or In Forma

Pauperis is granted. RAP 2(H), KRS 453.010. See Appeals.

If a protective order signed by a circuit judge or family court judge is appealed, collect

filing fees for appeals to Court of Appeals as set forth in the Accounting Manual and give

a receipt. Do not apply the FILED stamp or process the notice of appeal until the filing

fees are paid or In Forma Pauperis is granted. RAP 2(H), KRS 453.010. See Appeals.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.16 Violation of Protective Order

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. Civil and criminal

contempt proceedings for violations of protective orders are separate and mutually

exclusive. Depending on how it was initiated, a contempt proceeding may be heard in the

case where the order was issued (civil process), or new criminal charges may be filed as a

criminal action (criminal process). KRS 403.760, 403.763, KRS 456.180.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.16.1 Contempt Proceeding (Civil Process)

1. File any affidavit/motion for contempt regarding a violation of a protective File, date, initial

order by applying the FILED stamp; add date and your initials. Complete

a document or motion screen, as appropriate.

2. Notify the issuing judge and schedule a hearing as directed, by completing

Event type CTPH

a scheduled events screen using event type CTPH.

AOC Form 275.7

3. If a Bench Warrant (AOC Form 275.7) or a Forthwith Order of Arrest (AOC

AOC Form 275.4

Form 275.4) is ordered, prepare the form and complete a warrant. Use

AOC Form 275.5

warrant type BW (Bench Warrant) or DV (Domestic Violence). If a Show

Cause Order (AOC Form 275.5) is issued, apply the ENTERED stamp to the Warrant type BW

order; add date and your initials. Enter on a document screen using or DV

document type OSC. Document type

4. Using the most expedient means reasonably available and within 24 hours OSC

of entry of the order, hand deliver, fax or mail a copy to:

• Agency Assigned Service: The A.A.S. receives the original for return Deliver within 24

and one copy for each respondent. hours

• Petitioner or attorney.

• Agency responsible for LINK entry.

• Any other agency named in the order.

5. File a copy in the dissolution or child custody proceeding, if one is pending.

6. File the executed warrant or order by applying the FILED stamp; add the

date and your initials and note the return information by completing the

appropriate screen.

• If a warrant or Forthwith Order of Arrest, complete the service date File, date, initial

field on the warrant screen.

• If a show cause order, enter the service information in the memo field

of the document screen where the order is entered.

7. Using the most expedient means reasonably available and within 24 hours

following the filing of the executed warrant or order, hand deliver, fax or

mail a copy of the executed warrant or order to the Agency Responsible

for LINK Entry.

8. See Failure of Service of Bench Warrant.

Deliver to LINK

34.16.2 Failure of Service of Bench Warrant, Forthwith Order of

Arrest, or Show Cause Order

File any written notice you receive from the Agency Assigned Service File, date initial

regarding the failure of service of a warrant or order by applying the FILED Notify judge

stamp; add date and your initials. Memo this written notice (or any oral

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

notice) on the warrant or document screen. Also notify the issuing judge of the notice.

34.17 Violation of Protective Order (Criminal Process)

District Court

KRS 403.763, KRS 456.180

Quick Reference

1. When a citation or complaint is received for violation of a protective order,

District M case

open a district criminal M case. See District Court Criminal Complaints.

2. Copy the citation or complaint and warrant/summons and send to the

district court where the original protective order was entered.

NOTE: The criminal case may be in the same county/court where the

protective order was originally issued. If so, follow instructions below for

the originating court.

3. When the originating court receives the copy of the citation/complaint and

warrant/summons;

(1) Apply the FILED stamp; add the date and your initials; File, date, initial

(2) File in the originating D case by completing a document screen.

(3) Notify the original issuing judge of the pending criminal action.

(4) File a copy in the dissolution or child custody proceeding, if one is

pending.

4. Upon request, the victim in a domestic violence case is entitled to a

certified copy of any conditions of release of the respondent, at no charge.

34.18 Global Position Monitoring Systems

Pursuant to KRS 67.372, a county or counties may elect to provide a global

positioning monitoring system (GPMS) program that may be used to monitor

respondents in protective order cases. In the event that your county has

established a GPMS program, the following instructions apply: Request criminal

and protective

• Upon receipt of a motion alleging a substantial violation and order history

requesting a GPS system, request an updated criminal and protective

order history from the AOC on Case Level Maintenance. AOC 275.14

File, date, initial

• Upon receipt of an AOC 275.14 (Respondent’s Financial Statement

Affidavit Agency Request for Reduced GPMS Costs, and Order); apply Document type

the FILED stamp, add the date and your initials. Enter on a AIDV

document screen using document type AIDV. AOC 275.15

• Following a contempt preceding the judge may enter a Global Position

Monitoring Systems Order AOC 275.15. Apply the ENTERED stamp, Enter, date, initial

add the date and your initials. Enter on a document screen using Document type

document type ONGPS. ONGPS

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.18.1 Motion and Notice to Amend Prior Protective Order (GPMS)

The petitioner or respondent may request that the GPMS order be

modified. Quick Reference

AOC Form 275.6

1. File Motion to Amend Prior Protective Order, AOC Form 275.6. This

motion is used by either the petitioner or respondent to change any terms

of the existing order.

File, date, initial

2. Note the date, time and location of the hearing on the form. Apply the

FILED stamp; add date and your initials.

Complete motion

3. Complete a motion screen. Calendar the hearing by completing a

screen

scheduled events screen.

4. If the party filing the motion has not served the opposing party or counsel

with the motion, mail (1st Class) a copy of the motion to the opposing party AOC Form 275.6

or counsel. Provide copies as otherwise noted on the distribution list for

AOC Form 275.6.

34.18.2 Modified GPMS Order

1. After the hearing, the judge may enter a Modified GPMS Order using AOC Quick Reference

Form 275.15. Enter the Order by applying the ENTERED stamp; add date Enter, date, initial

and your initials. Complete a document screen using document code Document code

ONGPS. ONGPS

2. Using the most expedient means reasonably available and with 24 hours

following the entry of the order by the clerk, hand deliver, fax or mail a Deliver within 24

copy to: hours

• Petitioner or attorney.

• Respondent or attorney.

• Agency Responsible for LINK Entry.

• Any other agency named in the order.

3. File a copy in the dissolution or child custody proceeding, if one is pending.

4. Information obtained by a Global Positioning Monitoring System shall not

be disclosed without a valid search warrant or an order issued by a court of

competent jurisdiction. If GPMS provider files location information with a

court, present it to the judge along with AOC Form 275.16 Order Sealing

Information Obtained by GPMS. If the court enters the order file in the AOC Form 275.16

court file and seal the document provided by the GPMS provider.

5. Upon receipt of a signed AOC 275.16, apply the ENTERED stamp, add the Enter, date, initial

date and your initials. Enter on a document screen using document code

OSGPSI. Seal the document(s) provided by the GPMS provider in a manila Document code

envelope and mark the envelope “Sealed”. OSGPSI

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.19 Expungement

If a petition did not result in the issuance of a domestic violence order, or an 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.

The case may be expunged if 6 months have elapsed since the case was dismissed AND during the 6

months preceding the expungement request, the respondent has not had a protective order issued

against him/her involving the petitioner or any other person. KRS 403.745, KRS, 431.079, KRS

456.070.

34.19.1 Motion to Expunge

1. Upon receipt of Motion to Expunge, AOC 275.18, verify the signature. Quick Reference

Apply the FILED stamp and complete the Notification section of the form.

NOTE: The Respondent does not need to provide a KSP Expungement

Certification with the motion.

2. Create a scheduled event using motion type EXPG. If the movant has not

already done so, serve copies of the notice per the distribution list by first File

class mail.

3. Request an updated copy of the Respondent’s criminal and protective

order history using the retrieve record check on the Case Level Motion type EXPG

Maintenance.

4. Upon receipt of an AOC 275.19, Order for Expungement of Document code

Emergency/Temporary Protective Order, apply the ENTERED stamp and OEXG or OEXD

use document code OEXG or OEXD. Distribute to all agencies named in the

order.

34.19.2 Expungement Order

If the Court orders expungement:

1. Within KyCourts, expunge the case or charge as applicable according to the instructions

in the KyCourts User Manual.

2. The physical court file may be kept separately along with other expunged records in a

locked drawer or secure area.

3. The court may also order expungement of records of other agencies. Such agencies are

required to certify that their records have been expunged when a certification of

expungement is received.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

34.20 Domestic Violence or Interpersonal Protective

Quick Reference

Order Following KRS 508 or KRS 510 Conviction Enter, date, initial

 A conviction of an offense in KRS 508 (stalking, assault in the first degree or

assault in the second degree, or for a felony criminal attempt, conspiracy,

facilitation or solicitation to commit assault in the first degree or assault in

the second degree, shall operate as an application for an order of

protection under KRS 403 or an interpersonal protective order under KRS

456 if the relationship between the defendant and victim meets the

definition of KRS 403.720 or KRS 456.010.

 A conviction for any degree of rape, sodomy or sexual abuse in KRS

Chapter 510, or for criminal attempt, conspiracy, facilitation, or solicitation

to commit rape, sodomy, or sexual abuse, shall operate as an application

for an interpersonal protective order under KRS 456 unless the victim

requests otherwise.

 This type of order may be effective for up to ten (10) years with further

renewals in increments of 10 years.

1. Upon receipt of an Protective Order (Following Conviction) signed by

the judge apply the ENTERED stamp to the order; add the date and

your initials.

Document type

2. Enter the Order in a document screen using document type ORSC

ORSC or ODRSC

(granted) or ODRSC (not granted).

NOTE: Do not open a “D” case. Subsequent motions to amend or

contempt proceedings may be heard by the judge in the criminal

case.

3. Using the most expedient means reasonably available and within 24

hours following entry of AOC Form 446, Restraining Order (Following AOC Form 446

Stalking/Sexual Assault/Assault Conviction), hand deliver, fax or mail

a copy as follows:

• Agency responsible for LINK entry;

• Petitioner or his/her attorney;

• Defendant or his/her attorney.

4. When an order rescinding a Protective Order (Following Conviction) signed

by the judge is received, apply the ENTERED stamp to the order; add the Enter, date, initial

date and your initials.

Document type OO

5. Enter the Order in a document screen using document type OO.

DOMESTIC VIOLENCE AND INTERPERSONAL PROTECTIVE ORDERS

6. Using the most expedient means reasonably available and within 24 hours following the

entry of order rescinding, a Restraining Order (Following Conviction), hand deliver, fax or

mail a copy as follows:

• Agency responsible for LINK entry;

• Petitioner or his/her attorney;

• Defendant or his/her attorney.

NOTE: The case file where a Protective l Order (Following Conviction) has been entered

cannot be destroyed pursuant to the Records Retention Schedule of the Court of Justice

until such time as the restraining order has expired.

BEST PRACTICE: It is suggested that a colored sticker be attached to such case file as a

reminder to retain the file until the protective order has expired.

34.21 Notice of Relocation

Quick Reference

 Pursuant to KRS 403.770 if a relocating custodian has an active EPO or DVO

against the other parent or custodian, the relocating custodian must not be

required to disclose to the other party the relocation destination. The court

and clerks must comply with statutory mandates set forth in KRS 403.770 to

maintain the confidentiality of the petitioner’s date of birth and address, as

well as that of the petitioner’s minor children.

 If the domestic violence action is not pending in the same circuit, the court

may require the relocating custodian to disclose the relocation provided only

if the location is filed under seal, with strict confidentiality maintained by the

court and clerk and the location is not disclosed to the opposing party. FCRPP

7.

1. Upon receipt of a notice for relocation stamp the notice FILED, add the

date and your initials. Present the notice immediately to the File, date, initial

appropriate judge to be sealed. FCRPP 7.

2. Add a document screen using document type SD. Document type SD

34.22 Foreign Protective Order

Information about foreign protective orders may be found in the Foreign Protective Order

chapter.