Conozca la Ley: Kentucky
ACTUALIZADA 15 de noviembre, 2007
If you are planning to move to KY or are going to be in KY for any reason, your protection or restraining order can be enforced.
- General Rules for Out-of-State Orders in KY
- Can I get my protection order enforced in Kentucky? What are the requirements?
- Can I have my out-of-state protection order changed, extended, or canceled in KY?
- What can I do if the court that issued my order tells KY that my order has changed or is no longer valid?
- I was granted temporary custody with my protection order. Will I still have temporary custody of my children in KY?
- Registering your Out-of-State order in KY
General Rules for Out-of-State Orders in KY
arribaCan I get my protection order enforced in Kentucky? What are the requirements?
Yes. Your protection order can be enforced in Kentucky as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**
* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)
arribaCan I have my out-of-state protection order changed, extended, or canceled in KY?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Kentucky.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Order page for the state where your order was issued.
Kentucky law requires that you notify the courthouse in KY where you filed your order to be authenticated if your protection order is changed, extended, or canceled in any way by the issuing state. Notice is to be given within 2 days of when your order is changed.*
If your order does expire while you are living in Kentucky, you may be able to get a new one issued in Kentucky. But this may be difficult to do if no new incidents of abuse have occurred in Kentucky. To find out more information on how to get a protective order in Kentucky, visit our KY Protective Orders page.
* KRS 403.7535
arribaWhat can I do if the court that issued my order tells KY that my order has changed or is no longer valid?
You will have to contact the court that issued your order to find out why your order has changed or is no longer valid. The police in Kentucky cannot enforce an order that has expired or has been canceled in the state where the order was issued.
If this does happen, you may want to contact a lawyer or domestic violence organization in your area. They may be able to answer some of your questions, or help you fill out the necessary court forms to petition for a new order in KY. You will find information on legal assistance and domestic violence organizations in KY on the KY Where to Find Help page.
arribaI was granted temporary custody with my protection order. Will I still have temporary custody of my children in KY?
Yes. As long as the child custody provision complies with certain federal laws,* Kentucky can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here KY Finding a Lawyer.
* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.