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Estatutos Estatales Seleccionados: Kentucky

Estatutos Seleccionados: Kentucky

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15 de noviembre de 2023

403.745 Duration of emergency protective order and domestic violence order; prohibited costs and conditions; mutual orders of protection; amendment; expungement

(1) An emergency protective order and a domestic violence order shall become effective and binding on the respondent when the respondent is given notice of the existence and terms of the order by a peace officer or the court or upon personal service of the order, whichever is earlier. A peace officer or court giving notice of an unserved order shall make all reasonable efforts to arrange for the order’s personal service upon the respondent. Once effective, a peace officer or the court may enforce the order’s terms and act immediately upon their violation.

(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any filing, hearing, service, or order authorized by or required to implement KRS 403.715 to 403.785.

(3) A court shall not require mediation, conciliation, or counseling prior to or as a condition of issuing an order of protection.

(4) Mutual orders of protection may be issued only if:

(a) Separate petitions have been filed by both parties; and

(b) The orders are written with sufficient specificity to allow any peace officer to identify which party has violated the order.

(5) Upon proper filing of a motion, either party may seek to amend an order of protection.

(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS 403.730 shall not be admissible in any criminal proceeding involving the same parties, except for purposes of impeachment.

(7) (a) The Court of Justice, county and Commonwealth’s attorneys, law enforcement agencies, and victim services organizations may jointly operate a domestic violence intake center to assist persons who apply for relief under KRS 403.715 to 403.785.

(b) In cases where criminal conduct is alleged, a court may suggest that a petitioner voluntarily contact the county attorney. A court may not withhold or delay relief if the petitioner elects to not contact the county attorney.

(8) A person’s right to apply for relief under this chapter shall not be affected by that person leaving his or her residence to avoid domestic violence and abuse.

(9) A court shall order the omission or deletion of the petitioner’s address and the address of any minor children from any orders or documents to be made available to the public or to any person who engaged in the acts complained of in the petition.

(10) (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if:

1. Six (6) months have elapsed since the case was dismissed; and

2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010.

(b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.