By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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If you're a victim of domestic violence or stalking, it's wise to get a protective order. Also known as an order of protection or protection order, these help victims of domestic violence protect themselves from their abusers.
Continue reading to learn more about protective orders in Kentucky.
Protective orders are court orders that direct a person named in the document to stay away from the person seeking the protection. If someone violates a protective order, they can be fined or imprisoned. In some cases, protective orders can have additional restrictions concerning child custody matters and gun ownership. In addition to protecting abused spouses and exes, protective orders may also be used to save children from harm and keep stalkers away.
State-issued protective orders can function a little differently, depending on the jurisdiction. The table below highlights the specifics of Kentucky's protective orders statutes.
Code Section |
Kentucky Revised Statutes 403.735, et seq.: Domestic Violence and Abuse Kentucky Revised Statutes Title XLII. Miscellaneous Practice Provisions § 456.010: Dating Relationships and Related Violence |
|---|---|
Activity Addressed by Order |
Protective orders address many types of activities. The following are examples of the types of activities addressed by protective orders:
|
Duration of Order |
Emergency protection orders expire in six months, while hearings for them must be set within 14 days. Emergency protection orders may be extended. General protection orders may remain in effect for a maximum of three years. The person requesting the order may request unlimited extensions. Each reissuance may last for a period of up to one year. |
Penalty for a Violation of Order |
Violations of an order are treated as contempt of court. However, if the violation is intentional, it's treated as a Class A misdemeanor. |
Who May Apply for Order |
The following are examples of the types of people eligible for pursuing a protective order:
|
Can Fees Be Waived? |
There are no filing fees. |
Order Transmission to Law Enforcement |
A copy is sent to the appropriate law enforcement agency within 24 hours, while a copy is also sent to the appropriate agency for entry of domestic violation records into the Law Information Network of Kentucky. |
Civil Liability for Violation of Order |
Contempt of court |
Protection orders and harassment restraining orders are not a perfect deterrent for every harmful scenario. However, they can protect a victim of domestic violence by providing some criminal recourse if an abuser violates an order. Also, if you have a valid protection order issued by Kentucky, federal protection order law mandates that other states honor and enforce that order, and vice versa.
Getting a protective order and making sure it's enforced can be a difficult and frightening process. You can contact a Kentucky domestic violence attorney in your area if you would like legal advice regarding a domestic violence or protective order matter. You can also visit FindLaw's Orders of Protection and Restraining Orders section for additional articles and information on this topic.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Kentucky attorneys offer free consultations.