Conozca la Ley: Kentucky
ACTUALIZADA 11 de noviembre, 2007
Protective Orders provide protection from harm by a family member or someone you are in a relationship with.
Basic Information
arribaWhat is a Protective Order?
A protective order is a paper which is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both female and male victims.
arribaWhat is the legal definition of domestic violence in Kentucky?
This section defines domestic violence for the purposes of getting a protective order.
Kentucky law defines "domestic violence and abuse" as the occurrence of one or more of the following acts between "family members" or "members of an unmarried couple"
- Physical injury
- Sexual abuse
- Assault or
- Putting someone fear of immediate physical injury, sexual abuse, or assault.*
Destruction of physical property alone is not considered domestic violence, unless it is combined with threatening behavior.
To read the exact wording of the law, please see "Chapter 403:720," (Definitions) on the Kentucky Statutes page.
Note: You cannot get a protective order against a boyfriend who you do NOT have a child with and have NEVER lived with, since that does not fit the definition of a "member of an unmarried couple." To read the exact defintions of "family members" or "members of an unmarried couple," go to Who can get a protective order?
* KRS § 403.720
arribaWhat are the types of protective orders?
A protective order is designed to keep an abuser from hurting you anymore. There are two types of orders:
Emergency Protective Orders (EPO's). When you go to court to file for a Domestic Violence Order, you can also ask for an Emergency Protective Order (EPO). This can be done without a full court hearing and without your abuser present (this is called exparte). If you are granted an EPO, your abuser will be notified that you have an order aginst him and the date and time of the hearing for your Domestic Violence Order.
An EPO is not effective or enforceable until it has been served on your abuser by law enforcement personnel. If the court grants you an EPO, you should stay in touch with law enforcement to make sure your abuser has been served with the papers.
Whether the judge grants you an EPO or not, you will be given a court date for a hearing, usually within 14 days of filing your petition. At the hearing, you and your abuser have a chance to be present and tell your sides of the story.
Domestic Violence Orders (DVO's). A Domestic Violence Orders (DVO) is a longer-term version of an EPO. A DVO can only be issued to you after you have had a full court hearing, where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your EPO may expire and you will have to start the process over.
Like EPO's, Domestic Violence Orders are not effective or enforceable until they have been served on your abuser. A DVO can last for up to three years. You may also extend your DVO for another three years. See How do I change, extend, or cancel my protective order? for more information on this process.
arribaIn what county do I file for the protective order?
You can file for an emergency protective order or a domestic violence order in district court in the county where you live permanently or temporarily. *
However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
* KRS § 403.740(1)