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Know the Laws: Kentucky

UPDATED September 21, 2017

Moving to Another State with a Kentucky Domestic Violence Order (DVO)

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If you are moving out of state or are going to be out of the state for any reason, your DVO can still be enforceable.

Getting your domestic violence order enforced in another state

back to topHow do I get my DVO enforced in another state? 

Federal law does not require you to take any special steps to get your domestic violence order (DVO) enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid DVO is enforceable regardless of whether it has been registered or filed in the new state.* Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our State and Local Programs page and entering your new state in the drop-down menu.

Note:
It is important to keep a copy of your DVO with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

* 18 U.S.C. § 2265(d)(2)

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back to topDo I need a special copy of my DVO to it enforced?

In some states, you will need a certified copy of your DVO. A certified copy says that it is a "true and correct" copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Kentucky, the copy you first receive from the court is a certified copy.  Kentucky is part of Project Passport, a program that makes Protective Orders easy to recognize so that police officers in neighboring states can easily enforce them.  You can find a copy of Kentucky’s DVO online here: http://www.kdva.org/projects/projectprotect.html Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. 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.

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back to topCan I get someone to help me?  Do I need a lawyer?

You do not need a lawyer to get your DVO enforced in another state.However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your DVO, and help you through the process if you decide to do so. To find a domestic violence advocate or an attorney in the state you are moving to, please visit our KY Where to Find Help page.

 

 

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back to topDo I need to tell the Court in Kentucky if I move?

Yes, if you won't be getting mail at your old address.  The court that gave you your DVO needs to have an up-to-date address for you if you move.  That's because they will communicate with you only by mail if anything happens to your DVO - for example, if your abuser asks the court to dismiss the order or if your order is changed in any way.  If you will not be receiving mail at your old address, it is a good idea to provide the Court with a new address where you can receive mail. If you provide your new address to the Court, they will keep it confidential.  It will be kept in a confidential part of your file, and the public will not have access to it.  However, your new address could possibly be released to court officials in your new state or law enforcement officials in either Kentucky or your new state.  If you feel unsafe giving your new address, you can use the address of a friend you trust or a P.O. Box instead.

 

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