A6.5 Civil Protective Orders (KRS Chapter 403 & KRS 456)

• DCBS staff are not permitted to petition on behalf of adults but may assist appropriate individuals in petitioning district court for civil protective orders.
• A family member or member of an unmarried couple who is an alleged victim of domestic violence and abuse can obtain immediate short-term civil protection through the district court for both adult and child victims. 
• Those persons eligible for protection include:
  
• Spouse;
• Former spouse;
  
• Member of an unmarried couple that allegedly has a child in common;
• Any children of the couple;
• A member of an unmarried couple who are living together or may have lived together in the past;
• Child; and
• Stepchild.

• When, upon review of the petition, a court finds that the allegations indicate immediate and present danger of domestic violence and abuse, the court may issue, ex parte, an emergency protective order. 
  
• When, upon review of the petition, a court finds that an indication of an immediate and present danger of dating violence and abuse, sexual assault, or stalking, the court shall issue ex parte a temporary interpersonal protective order.
  
• An EPO is effective for a period of time fixed in the order, not to exceed 14 days, at which time a full hearing is held. 
  
• An EPO/TIPO may be reissued for up to 14 calendar days or as the court determines is necessary for the protection of the petitioner if service has not been made on the adverse party by the fixed court date and time. 
• The court may issue an order that includes one or any combination of the following:
• The respondent may be restrained from any contact or communication with the petitioner except as directed by the court;
• The respondent may be restrained from committing further acts of domestic violence and abuse;
• The respondent may be restrained from disposing of or damaging any of the property of the parties;
• The respondent may be directed to vacate the residence shared by the parties;
• Temporary custody may be granted; or
• The judge may enter other orders to aid in stopping or eliminating future acts of domestic violence and abuse.

• Following the issuance of a summons for a hearing, or at a full hearing for an EPO, if the court finds from a preponderance of the evidence that an act or acts of domestic violence and abuse have occurred and may occur again, the court may issue a DVO. 
  
• Following a hearing for an IPO, if a court finds by a preponderance of evidence that dating violence and abuse, sexual assault, or stalking has occurred and may occur again, the court may issue an IPO. 
  
• A DVO/IPO shall be in effect for a period of time fixed by the court not to exceed three (3) years and may be reissued upon expiration for an additional period of up to three (3) years. 
• The number of times that it can be reissued is unlimited. 
• The court may issue a DVO/IPO that includes one or any combination of the following orders:
  
• Restrain the respondent from any contact or communication with the petitioner except as directed by the court;
• Restrain the respondent from committing further acts of domestic violence and abuse;
  
• Retrain the respondent from committing further acts of dating violence and abuse, stalking, or sexual assault;
  
• Restrain the respondent from disposing of or damaging any of the property of the parties;
• Direct the respondent to vacate the residence shared by the parties;
• Use the criteria in KRS 403.270 and KRS 403.320 to grant temporary custody;
• Award temporary support;
• Direct that either or both parties receive counseling services; or
• Other orders, which the judge believes, will be of assistance in stopping or eliminating future acts of domestic or dating violence and abuse, stalking, or sexual assault.
  
  

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