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Know the Laws: Kentucky

UPDATED November 26, 2012

Protective Orders / Domestic Violence Orders

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Emergency protective orders (EPO) and domestic violence orders (DVO) provide protection from harm by a family member or someone you are in a relationship with.

Basic information

back to topWhat is a protective order / domestic violence 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.   In KY, an immediate temporary order is known as an emergency protective order (EPO) and a final, long-term order is known as a domestic violence order (DVO).

 

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back to topWhat 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

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back to topWhat types of protective orders are there? How long do they last?

There are two types of orders:

Emergency Protective Orders (EPOs). 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 ex parte). If you are granted an EPO, the abuser will be notified that you have an order against him/her 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 the abuser or until the abuser has been given oral notice by law enforcement of the fact an EPO has been issued, what its terms are, where the abuser can get a hard copy of it, and when s/he needs to be in court.*  If the sheriff is not able to complete service on the abuser (i.e., if s/he can't find the abuser), you can ask the judge for a continuance to postpone the court date and to extend your EPO.  An EPO can only be continued to attempt service for up to six months from the date it was issued.  If the respondent has not been served within the six-month period, the emergency protective order will be dismissed "without prejudice," which means you could re-file.**

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 the abuser have a chance to be present and tell your sides of the story.

Domestic Violence Orders (DVOs). A Domestic Violence Orders (DVO) is a longer-term version of an EPO and can offer some more protections than an EPO. A DVO can only be issued to you after you have had a full court hearing, where you and the abuser both have the opportunity to 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 EPOs, Domestic Violence Orders are not effective or enforceable until they have been served on the abuser. A DVO can last for up to three years. You may also extend your DVO for another three year-year period and the amount of times the order can be extended is limitless.***  See How do I change, extend, or cancel my protective order? for more information on this process.

* KRS § 403.735(6)
** KRS § 403.740(4) & (6)(a),(b)
*** KRS § 403.750(2)

 

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back to topIn 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)

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Who can get a protective order / domestic violence order

back to topWho can get a protective order?

You can seek court protection from acts of domestic abuse done to you or your minor child by any of the following people:

  • a current or former spouse
  • a parent or step-parent
  • your child or step-child
  • a grandparent
  • a boyfriend / girlfriend who you currently or formerly live(d) with "as a couple"
  • a boyfriend / girlfriend who you have a child with (regardless of whether you ever lived together) or
  • if the child is the victim, a child can file against any person living in the same household with the child regardless of the relationship between the child and the abuser.  (In other words, the child does not need to be related to the person in any way).*

Note: The definition does NOT include a boyfriend / girlfriend who you do NOT have a child with and have NEVER lived with.*

If you are a minor (under 18) trying to get a protective order against someone in your family, you will need an adult family member to file for an order on your behalf.**

In Kentucky, you may apply for a protection order against a current or former same-sex partner who you have lived with or have legally adopted a child with.  However, judges do not always rule consistently in these cases.  Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule on your case.  To find help in your state, please click on the Where to Find Help tab at the top of this page.

* KRS § 403.720(2)
** KRS § 403.725

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back to topCan I get a protective order against a same-sex partner?

Maybe. In Kentucky, you can file a protective order against an intimate partner, but only if you lived together or currently live together.*

If you are victim of stalking or harassment, there may be other legal options for you. Assault, stalking, and harassment are against the law. If one of these crimes is being committed against you, you may report it to law enforcement. If charges are pressed against the perpetrator, a judge may be able to order him/her to stay away from you. To find help in your state, please click on the KY Where to Find Help tab at the top of this page.

* KRS §§ 403.720, 403.725

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back to topHow can an EPO and a DVO help me?

An emergency protective order (EPO) can do the following:

  • order the abuser to have no contact with you (including face-to-face, telephone, written, electronic, through a third party, etc.);
  • order the abuser to not commit acts of domestic violence and abuse against you;
  • order the abuser to not sell or destroy any of your property or any property you share with him/her;
  • order the abuser to not come within a specified distance of the residence, school, or place of employment of you, your child, your family member, or the member of an unmarried couple protected in the order;
  • order the abuser to stay away from you or your child (for a distance of up to 500 feet)
  • order the abuser to leave the home you share;
  • give you temporary custody of your child or children; and/or
  • provide you with any other protection necessary to eliminate future domestic violence.*
A domestic violence order (DVO) can do the following:
  • order everything that an EPO can order - listed above; and, additionally:
    • award you temporary child support; and/or
    • order that either or both of you receive counseling services available in the community.**
Whether a judge orders any or all of the above depends on the facts of your case.

Note: EPOs and DVOs cannot order the abuser to wear a GPS device - this can only be ordered after a court determines that the abuser has committed a substantial (serious) violation of a domestic violence order.***

* KRS § 403.740(1)
** KRS § 403.750(1)
*** KRS § 403.750(1)(j)

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back to topWhat if I don't qualify for a protective order?

In Kentucky, protective orders do not cover:

  • victims of stalking and harassment and
  • a victim of abuse whose abuser is someone other than:
    • a family member, or
    • someone you live with as a couple or have lived with as a couple, or
    • someone you have had a child with.

However, assault, stalking, and harassment are against the law. If one of these crimes is being committed against you, you may report it to law enforcement and/or file a criminal complaint at the district court clerk’s office in the county where the abuse occurred.  See Criminal Complaints for more information.

To read the legal definitions of stalking and harassment, go to our KY State Statutes page.  You can also visit our Staying Safe page for ways to increase your safety.

Protective orders also do not cover many types of emotional or mental abuse. If you're being mentally or emotionally abused,  please contact a domestic violence organization in your area.  Visit the KY State and Local Programs page under the Where to Find Help tab at the top of this page.

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back to topHow much does it cost to file for a protective order? Do I need a lawyer?

There is no cost to file for a protective order.

You do not need a lawyer to file for a Protective Order. However, you may wish to have a lawyer, especially if your abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the KY Finding a Lawyer page under the Where to Find Help tab at the top of this page. Domestic violence organizations in your area also should be able to help you through the legal process and may have lawyer referrals. To find a shelter or an advocate at a local program, please visit the KY State and Local Programs page.

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Steps for getting a protective order / domestic violence order

back to topStep 1 - Get the necessary forms.

To start your case, you will need to fill out the necessary forms for a Protective Order. You can find the forms from the civil clerk at the courthouse, but you may want to find them before you go and fill them out at home or with an advocate from a domestic violence program.

You will find links to forms online on the KY Download Court Forms page. Most shelters and other domestic violence prevention organizations can provide support for you while you fill out these papers and go to court. (Go to KY State and Local Programs page under the Where to Find Help tab at the top of this page.

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back to topStep 2 - Carefully fill out the forms.

On the Petition, you will be the "petitioner" and the abuser will be the "respondent."  On the Petition, in the box provided for explaining why you want the Protective Order, write about the most recent incidents of violence, using specific language (slapping, hitting, grabbing, threatening, etc.) that fits your situation. Include details and dates, if possible. Clerks and magistrates can show you which blanks to fill in, but they cannot help you decide what to write.

Note: Do not sign the forms until you are in front of the court clerk. Your statements must be made under oath. Also, fill out the top part of the Civil Summons. Write your name and a safe mailing address and phone number. If you are staying at a shelter, give a Post Office Box, not the street address. If you do not have a safe address, do not fill it out - ask the clerk first how you can keep your address confidential.

It may also be useful to bring identifying information about the abuser such as a photo (which may be used in serving the order to respondent); addresses of residence and employment; a description and plate number of the abuser's car; and information about his/her gun ownership.

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back to topStep 3 - Go to the courthouse to file the forms.

You will need to file the forms in the county courthouse where you live, where your abuser lives, or where the abuse occurred. To file the forms, during business hours, go to the Clerk of Civil Court.  Tell the clerk that you want to file for a Domestic Violence Order.

If you need the immediate protection of an Emergency Protective Order (EPO), be sure to tell the clerk. An EPO is a temporary emergency order that a judge can grant you if you or your child are in immediate danger. (The abuser does not have to be with you or be told you are asking the judge for an EPO.) To find contact information for the courthouse in your area, click on KY Courthouse Locations.

If it is after hours and the clerk's office is closed, contact law enforcement or your local domestic violence program for assistance.

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back to topStep 4 - Judge considers your petition.

When you have filed the forms with the clerk of court, s/he will bring your papers to the judge. If the judge believes you or your child are in serious and immediate danger, s/he may give you an Emergency Protective Order which is good for 14 days, until your full court hearing.

Regardless of whether or not the judge grants you an EPO, you should be given a hearing date and time. The hearing will take place within 14 days of your filing your petition. If it does not, the court will need to reissue a new EPO to you. At the hearing your abuser and you will both have a chance to explain your sides to the judge.

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back to topStep 5 - Service of process

If you get an EPO, it should be served on the abuser by law enforcement, as this provides all law enforcement officers across the state with timely information that a protective order is in effect in case there is a violation. Arrangements for service will be made by the court clerk after the judge issues the order.  You can register with a statewide system, called "VINE protective order" (VINE PO) to receive a confidential notification when the order is served on the abuser.  It is important that you provide accurate, up-to-date information about where the abuser can be found in order for the EPO to be served.

To register for VINE PO on the internet, click here.  You can also register by phone at 1-800-511-1670.

For sheriff information, go to our KY Sheriff Department page.  The defendant must receive notice of the hearing for the final DVO.  If the defendant does not receive notice, the hearing will be rescheduled.

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back to topStep 6 - What will I have to prove at the hearing?

You will have to prove to the judge that the facts stated in your petition are true and that you need a court order to help protect you from your abuser.

The level of proof to obtain a civil protection order (an EPO or a DVO) is lower than that necessary to convict the abuser of a crime.  However, you will still need to show either that the abuser injured you; that he sexually assaulted you, or that he threatened to do so. You should explain to the judge that you are fearful of your abuser and why.

See the Preparing your Case section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were abused.

 

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back to topStep 7 - Full court hearing

You must go the full court hearing. If you do not go, your Emergency Protective Order (EPO) will expire, and you may not be able to obtain a Domestic Violence Order (DVO). If you do not show up for the hearing, it may be held against you in the future.

If the abuser does not show up for the hearing, the judge may still grant you a DVO, or the judge may reschedule the hearing.
You may wish to hire a lawyer to help with your case, especially if your abuser has a lawyer. You can also represent yourself. If your abuser shows up with a lawyer, you can ask the judge for a "continuance" (a later court date) so that you have time to find a lawyer. (Go to KY Finding a Lawyer page under the Where to Find Help tab at the top of this page.)

If you cannot go to the hearing at the scheduled time, you may call the judge's office to ask that your case be "continued," but the judge may deny your request. If the court does issue a continuance, the court should also reissue an EPO to you since your original one will probably expire before the rescheduled hearing.

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After the hearing

back to topWhat should I do when I leave the courthouse?

  • Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the protective order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at the children’s’ school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • You may wish to consider changing your locks and your phone number.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks and your phone number.

One week after court, call your local law enforcement offices to make sure they have received copies of the DVO from the clerk.
You may also wish to make a safety plan. Women can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protective orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Staying Safe

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back to topI was not granted a protective order. What are my options?

If you are not granted a orotective order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence programs in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Staying Safe. To find a shelter or an advocate at a local program, please visit the KY State and Local Programs page under the Where to Find Help tab at the top of this page.

You may be able to reapply for a protective order if you have new evidence to show the court that domestic abuse did occur, or if a new incident of domestic abuse occurs after you are denied the order.

If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer.

If you were not granted a protective order because your relationship with the abuser does not qualify (see Who can get a protective order? for qualifying relationships),  you may be able to seek protection through the criminal court system. You will find more information about this process in What if I don't qualify?

 

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back to topWhat can I do if the abuser violates the order?

Through the Police or Sheriff. If the defendant violates the DVO, you can call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a DVO and the defendant is violating it. If the defendant is arrested, then the District Attorney may be able to prosecute your abuser - this is because it is a crime to violate a DVO. If found guilty of a violation of a DVO, the defendant can be fined or put in jail.
It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

Through the Court System. If you do not want to call the police, or if the abuser has fled the scene prior to the arrival of the police, you can go to the District Court to file either a "show cause" motion or a criminal complaint. Someone at the clerk’s office can help you decide which of the two is more appropriate for your case.  A judge will then review the complaint or affidavit and decide what action to take.

 

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back to topHow do I change or extend my protective order?

Extending your order
When your DVO is expiring, you can apply to extend it for an additional period of up to 3 years. There is no limit on the number of times an order may be reissued (extended).  There does not need to be a new act of domestic violence for the order to be re-issued.  However, both you and the abuser can address the importance of the fact that s/he has not committed new abuse.*  In other words, you may want to be prepared to explain to the judge why the lack of new incidents doesn't mean that you aren't still in danger of further abuse. 

With respect to whether an order should be reissued, any party may present to the court testimony relating to the importance of the fact that acts of domestic violence or abuse have not occurred during the pendency of the order. In order to change or extend your DVO, you must return to the court where you got it. You must file a motion for an extension of your DVO before your current DVO expires, or else you will have to start the entire legal process over from the beginning.

Changing your order

Either you or the abuser file a motion to amend a domestic violence order.**  After a hearing, the judge will decide whether or not to grant the amendment (change).

* KRS § 403.750(2)
** KRS § 403.750(3)

 

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back to topWhat happens if I move?

If you move within Kentucky, your Protective Order will still be valid and good. It is a good idea to call the Clerk to change your address.   You can read more on our Moving with a Restraining Order page.

Additionally, the federal law provides what is called "Full Faith and Credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.

Different states have different rules for enforcing out-of-state protection orders. You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

If you are moving out of state, you should call the domestic violence program in the state where you are going to find out how that state treats out-of-state orders.

If you are moving to a new state, you may also call the National Center on Full Faith and Credit (1-800-903-0111) for information on enforcing your order there.

Note: Civil protective orders may not be enforceable on military bases, and military protective orders may not be enforceable off base. Please check with your local police department, court clerk, and/or domestic violence advocate for more details. Please see our Military Info page for more information.

 

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