Department for Community Based Services

Standards of Practice Online Manual

25.5 Referrals for Civil Protective Orders (KRS Chapter 403)

Cabinet for Health and Family Services

Department for Community Based Services
Division of Protection and Permanency
Standards of Practice Online Manual
Chapter:
Chapter 25-APS Court
Effective:
12/3/2010
Section:
25.5 Referrals for Civil Protective Orders (KRS Chapter 403)
Version:
1

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Legal Authority/Introduction

LEGAL AUTHORITY:

Practice Guidance

  • DCBS staff is 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 is able to obtain immediate short term civil protection through the District court for both adult and child victims. 
  • Those persons eligible for protection include a:
    • Spouse;
    • Former spouse;
    • Member of an unmarried couple which 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.

Emergency Protective Orders (EPO)

  • 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. 
  • An EPO is effective for a period of time fixed in the order not to exceed fourteen (14) days at which time a full hearing is held. 
  • An emergency protective order may be reissued for up to fourteen (14) 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.

Domestic Violence Order (DVO)

  • 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. 
  • A domestic violence order is 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 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;
    • 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 violence and abuse.
 

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