Kentucky Protective Orders Laws

Victims of abusive acts often need assistance to escape their abusers. Kentucky protective orders aren’t foolproof, but often prove an effective means of deterring the abuser from inflicting further hardship on their victim. These court orders use provisions that keep the abuser away from the victim. Certain types can also decide on temporary child custody, mandatory counseling, and more.

It’s a bit confusing to figure out which restraining order is for you. This guide will examine the two types of protective orders Kentucky offers, explain what they can do, and show you how to apply for the one you need through the court system. Nobody should have to suffer abuse. Read on to learn about protective orders in Kentucky.

Kentucky Protective Orders Laws: Types of Orders Available

All Kentucky protective orders work in the same way. Provisions dictate what an abuser can and can’t do concerning the victim. The differences lie in the people involved and the scope of what the conditions can do. Let’s take a look at each protective order available in Kentucky.

Domestic Violence Protective Orders (EPO/DVO)

Domestic violence and abuse crimes have somewhat strict requirements. Certain abusive acts must occur between people sharing qualifying close relationships for domestic violence and abuse classification.

The people involved are family members and members of an unmarried couple under Kentucky law. This includes the following:

• Spouses
• Former spouses
• Unmarried couples who live together
• Unmarried couples who have lived together
• Unmarried couples with a child in common
• Parents
• Children
• Stepparents
• Stepchildren
• Adult siblings
• Grandparents
• Grandchildren
• Any person living in the same residence as a minor child victim

Qualifying participants are only half of the equation. Not all crimes are eligible for domestic violence and abuse consideration. These abusive acts are domestic violence and abuse offenses under Kentucky law if committed between people in close relationships:

• Assault
• Causing physical injury or serious physical injury
• Causing the infliction of fear of imminent physical injury, serious physical injury, sexual assault, strangulation, or assault
• Sexual assault/sexual abuse
• Stalking
• Cruelty to a domestic animal the victim has a close bond of affection with, including but not limited to:
  • Cruelty or neglect
  • Sexual crimes against an animal
  • Torture of a cat or dog
  • Dog fighting
  • Causing a victim to fear any of the above
  • Punishing, intimidating, coercing, controlling, or seeking revenge on a victim by threatening any of the above
• Strangulation

If you’re unsure if the abuse you’re suffering is domestic violence or need a deeper examination of the subject, FindLaw’s Kentucky Domestic Violence Laws article has what you need. Questions about how child custody and divorce interact with domestic violence and abuse are examined in FindLaw’s Kentucky Family Law on Domestic Violence article.

For those who qualify, Kentucky domestic violence and abuse protective orders can offer relief for many issues. Orders are crafted to fit the specific needs of each victim. While no-contact and stay-away provisions are common, other conditions can cover a wide array of issues that include:

• The respondent (abuser) can’t commit further acts of domestic violence and abuse on the petitioner (victim)
• The respondent can’t contact the petitioner except through attorneys
• The respondent can’t be within a certain distance of the petitioner as set by the court (up to 500 feet)
• The respondent can’t go to the petitioner’s residence, school, workplace, or any other location named in the order
• The respondent can’t damage or destroy any property of the petitioner
• One or both parties must attend domestic violence and abuse counseling services
• The respondent must vacate a shared dwelling and not return
• Awarding of temporary custody of a child or child support
• Awarding possession of any shared animal(s) to the petitioner

Protective orders may contain some, all, or none of these provisions. The court can add any condition considered necessary for the victim’s safety. Amending and adding provisions is permitted. Victims of abuse can petition for a temporary concealed carry of a firearm after getting a protective order. It lasts for 45 days and can become a full license if the firearms safety training requirement is met.

Domestic violence and abuse protective orders come in two forms. An emergency protective order (EPO) is immediate and lasts until a hearing, which must be set within 14 days. A domestic violence order (DVO) is issued after a full court hearing. It lasts up to three years and is renewable. DVOs with a 10-year duration are possible in extreme cases.

Interpersonal Protective Orders for Sexual Assault, Dating Violence and Abuse, or Stalking

Kentucky‘s interpersonal protective orders share many of the same offenses that domestic violence and abuse orders do. The main difference is that interpersonal protective orders don’t require a personal relationship between the victim and the abuser. Victims of the following crimes are eligible for an interpersonal protective order:

• Dating violence and abuse (domestic violence and abuse without a personal relationship)
• Stalking
• Sexual assault

If the victim is a minor, adults can file on their behalf if necessary. Kentucky law requires a dating relationship to be romantic or intimate in nature.

The provisions of a stalking, sexual assault, or dating violence and abuse interpersonal protection order are often similar to those found in a domestic violence and abuse order. While child custody and support conditions aren’t likely, other provisions can overlap:

• The respondent (abuser) can’t commit further acts of stalking, sexual assault, or dating violence and abuse on the petitioner (victim)
• The respondent can’t contact the petitioner except through attorneys
• The respondent can’t be within a certain distance of the petitioner as set by the court (up to 500 feet)
• The respondent can’t go to the petitioner’s residence, school, workplace, or any other location named in the order
• The respondent can’t damage or destroy any property of the petitioner
• Awarding possession of any shared domestic animal(s) to the petitioner
• Ordering one or both parties to receive counseling services for dating violence and abuse
• Any provision the court deems necessary for the continued safety of the victim

There are two different lengths for interpersonal protective orders. Ex parte temporary interpersonal protective orders are issued without the respondent (abuser) present. They last for up to 14 days or until the final hearing. Final interpersonal protection orders (IPO) require a full court hearing before issuance. The final order lasts up to three years and is renewable.

While victims can file for interpersonal protection orders, they might not have to. Any guilty plea or conviction for rape, sodomy, or sexual abuse serves as an application for an interpersonal protection order. The same is true for stalking in either the first or second degree. Orders issued this way carry only no-contact and stay-away provisions, but last for up to 10 years.

Kentucky Protective Orders Laws: Getting an Order

Despite their differences, all orders follow a similar application process. If possible, it’s a great idea to get help with a petition from a domestic violence advocate. They’ve helped victims in your situation before and are a tremendous resource.

The process begins by filling out a petition for an order of protection. The form is available online or at the courthouse. Make sure to provide as much detail about the abuse you suffered as possible. You’ll need your abuser’s home and work addresses if you know them. A picture makes it easier for law enforcement when they serve the order.

Submit your petition to the circuit court clerk‘s office in the county you live in. The petitioner (you) can also file in district court or family court. If the courts are closed and you’re in danger, call 911. Law enforcement can begin the process for you. There’s no charge for filing for a protective order in Kentucky.

The court clerk takes the petition to a judge, who may have additional questions. If they agree that there’s a present danger, either an ex parte temporary interpersonal protective order or an emergency protective order (EPO) is issued. It lasts for 14 days or until the court hearing. A copy of the order is served on the respondent by law enforcement for free, or the petitioner can hire a process server.

If the court declines to issue a temporary order, you’ll have a chance to plead your case in a full court hearing within 14 days. Both the petitioner and the respondent can make arguments, present evidence, and call witnesses. If the petitioner convinces the court that the respondent is an ongoing threat, either a domestic violence order (DVO) or a final interpersonal protective order is issued.

Final orders last up to three years. They are renewable. Provisions in the temporary orders can be amended, and new ones can be added. Orders are sent to the appropriate law enforcement agencies. Every order is added to the Law Information Network of Kentucky (LINK).

Kentucky Protective Orders Laws: Violation Penalties

Protection orders draw their effectiveness from an abuser fearing the repercussions of violations. Victims need to call law enforcement for all violations. Violating a Kentucky protective order is contempt of court and a criminal offense. The violator faces a Class A misdemeanor and sentencing for the crime(s) committed during the violation.

Certain offenses committed in violation of an order carry enhanced penalties. Stalking a victim while under a protective order is treated as stalking in the first degree. It’s penalized as a Class D felony.

Kentucky Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Kentucky Circuit Court Locator
• Kentucky Family Law on Domestic Violence
• ZeroV – Kentucky United Against Violence
• Domestic Violence Organizations

Issues With Protective Orders in Kentucky? An Attorney Can Help

If you’re a victim of stalking, sexual assault, dating violence, or domestic violence and abuse, it’s a good idea to speak with a Kentucky domestic violence attorney. Their expertise on Kentucky protective orders can help you escape your abuser.

Violating a Kentucky protective order is a bad idea. If you’re facing criminal charges for order violations, talk to a Kentucky criminal defense attorney as soon as possible. They’ll explain your options and represent you in court.