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Kentucky: Restraining Orders

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Restraining Orders

Protective Orders / Domestic Violence Orders

Basic information

What 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:”

  1. causing physical injury or serious physical injury;
  2. committing sexual assault, which includes any degree of rape, sodomy, or sexual abuse, and incest;
  3. committing assault;
  4. committing stalking;
  5. committing strangulation, which is defined as the actions described in the crimes of strangulation in the first degree or strangulation in the second degree or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of strangulation; 
  6. putting you in fear of immediate physical injury, serious physical injury, sexual abuse, strangulation, or assault;
  7. committing cruelty to animals in the 1st or 2nd degree;
  8. torturing a dog or cat
  9. committing sexual crimes against an animal; or
  10. making you fear that the acts listed in numbers 7, 8, and 9 will immediately be committed against a domestic animal with which you have a close bond in order to coerce, control, punish, intimidate you or to get revenge against you.1

Note: “Members of an unmarried couple” only include dating partners who live(d) together or who have a child together.2 See Who can get a protective order? for more information.

1 KRS § 403.720(2), (9)
2 KRS § 403.720(6)

What types of protective orders are there? How long do they last?

There are two types of orders, emergency protective orders and domestic violence orders.

An emergency protective order (EPO) can be issued without prior notice to the abuser (ex parte) if the judge believes there is an immediate and present danger of domestic violence and abuse.1 Generally an EPO lasts for 14 days until your hearing for a domestic violence order.2 If law enforcement is unable to serve the abuser prior to the hearing, the judge can postpone the court date and extend your EPO for another 14 days. The EPO can be extended multiple times over a six-month period while law enforcement attempts service. However, at the end of the six-month period, if the respondent cannot be located to be served, the emergency protective order will be dismissed “without prejudice,” which means you could re-file.3

A domestic violence order (DVO) can only be issued 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. If the judge believes that domestic violence or abuse has occurred and may happen again, s/he can issue a DVO.4 You must attend the DVO hearing. If you do not, your EPO may expire and you will have to start the process over. A DVO can last for up to three years. You may also extend your DVO for additional three year-year period(s).5 See How do I change or extend my protective order? for more information on this process.

Note: EPOs and domestic violence orders are not enforceable until they have been served on the abuser or until the abuser has been given oral notice by law enforcement or by the court about the existence of the order and what its terms are.6

1 KRS § 403.730(2)(a)
2 KRS § 403.730(1)(a)
3 KRS § 403.735(2)
4 KRS § 403.740(1)
5 KRS § 403.740(4)
6 KRS § 403.745(1)

What protections can I get in an emergency protective order and a domestic violence order?

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

  1. order the abuser to not commit acts of domestic violence and abuse against you;
  2. order the abuser to not contact you or anyone else specified in the order, including contact that is made face-to-face, by telephone, in writing, electronic, through a third party, etc.;
  3. order the abuser to stay up to 500 feet away from you or anyone else specified in the order;
  4. order the abuser to not come within a certain distance of a specific home, school, or place of employment;
  5. order the abuser to not sell or destroy any of your property or any property you share with him/her;
  6. order the abuser to leave the home you share;
  7. give you temporary custody of your children;
  8. specifically state which communications are allowed and which communications are not allowed;
  9. allow either party to get his/her personal belongings from the home and order law enforcement to assist, if requested; and
  10. order any other protections necessary to eliminate future domestic violence.1

A domestic violence order (DVO) can include:

  • the protections listed above in numbers 1 - 8; and
  • the judge can also do the following:
    • give you temporary child support; 
    • order that either or both of you receive counseling services available in the community;
    • give you possession of any shared domestic animal;
    • if you request it, allow limited contact or communication between you and the abuser; and
    • if you request it, allow you and the abuser to be in a common area together under limited circumstances with specific restrictions laid out by the judge.2

Note: After a final DVO is issued, it’s possible to file a motion to amend it to request that the abuser wear a GPS device. The judge can grant your request if the abuser has committed a serious violation of a prior domestic violence order and if the judge believes that the GPS device would increase your safety.3

1 KRS § 403.730(2)(a); see also the petition on the Kentucky Courts website
2 KRS § 403.740(1)
3 KRS § 403.761(1)

In what county do I file for the protective order?

You can file for an emergency protective order or a domestic violence order in the county where you live or a county to which you have fled in order to escape abuse.1 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. A petition can be filed in district court, circuit court, or family court.2

1 KRS § 403.725(2)
2 KRS § 403.725(6)(a)

Si el agresor vive en otro estado, ¿puedo conseguir una orden en su contra?

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

  1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
  2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
  3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

Who can get a protective order / domestic violence order

Who can get a protective order?

You can file for an order due to acts of domestic violence and abuse committed against you or your minor child by any of the following people, which the law refers to as family members or members of an unmarried couple:

  • your current or former spouse;
  • your parent or step-parent;
  • your adult sibling;
  • your child or step-child;
  • your grandparent or grandchild;
  • a boyfriend / girlfriend with whom you currently or formerly live(d) “as a couple;” or
  • a boyfriend / girlfriend with whom you have a child.1

If the victim is a child, s/he can file against any person living in the same household regardless of their relationship.2

Note: The definition of “member of an unmarried couple” does not include a boyfriend / girlfriend with whom you do not have a child and with whom you have never lived.3 However, an interpersonal protective order does cover those types of dating relationships.

1 KRS § 403.720(2), (3), (6)
2 KRS § 403.720(3)
3 KRS § 403.720(6)

Can I get a protective order against a same-sex partner?

In Kentucky, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protective order?  You must also be the victim of an act of domestic violence or abuse, which is explained in What is the legal definition of domestic violence in Kentucky?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Can a minor file for an order?

The law says that an adult can file on behalf of a minor victim.1 The law is silent on whether the adult has to be the child’s parent or guardian. The law also doesn’t specifically say that a minor cannot file on his/her own. If you are a minor who wants to file your own petition without an adult helping you or if you want an adult to file for you who is not your parent or guardian, you may want to call your local courthouse to ask if this is possible.

1 KRS § 403.725(1)

How 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 represent you at the hearing, especially if the abuser has a lawyer.  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. 

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

Steps for getting a protective order / domestic violence order

Step 1 - Get the necessary forms.

You will need to file the forms in the county courthouse where you live.1 To find contact information for the courthouse in your area, click on KY Courthouse Locations. You can also find links to forms online on our KY Download Court Forms page.

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 without prior notice to the abuser.

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 Advocates and Shelters page for contact information.

1 KRS § 403.725(2)

Step 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, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible.

Note: Do not sign the forms until you are in front of the court clerk. Your statements must be made under oath and the forms may have to be notarized.

It may also be useful to bring identifying information about the abuser such as addresses of his/her residence and employment; a description and plate number of the abuser’s car; and information about his/her gun ownership. When filling our your address, be sure to give a safe mailing address. If you are staying at a shelter, give a post office box, not the street address. If you do not want the abuser to know your address, ask the clerk first how you can keep your address confidential.

Step 3 - The judge considers your petition and may grant you an ex parte order.

When you have filed the forms with the clerk of court, s/he will bring your papers to the judge. If the judge believes there is an immediate and present danger of domestic violence and abuse, s/he may give you an emergency protective order (EPO), which is good for 14 days until your full court hearing.1

Regardless of whether or not the judge grants you an EPO, you can still be given a hearing date and time if the judge believes that domestic violence and abuse exists. The hearing will take place within 14 days of your filing your petition.2 At the hearing, the abuser and you will both have a chance to present evidence to the judge.

1 KRS § 403.730(1)(a), (2)(a)
2 KRS § 403.730(1)(a)

Step 4 - Service of process

If you get an EPO, it should be served on the abuser by law enforcement.  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.  Arrangements for service will be made by the court clerk after the judge issues the order.  For sheriff department contact information, go to our KY Sheriff Departments page.  The respondent must receive notice of the hearing for the final DVO.  If s/he does not receive notice, the hearing will be rescheduled.

You can also register with a statewide system, called VINE Protective Order to receive a confidential notification when the order is served on the abuser.  

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Step 5 - 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 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 the abuser has a lawyer. If the abuser shows up with a lawyer, you can ask the judge to postpone the case so that you have time to find a lawyer. Go to our KY Finding a Lawyer page for legal referrals. You can also represent yourself. See our At the Hearing page for tips on how to represent yourself in a protective order hearing.

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.

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Kentucky have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website

What should I do when I leave the courthouse?

Here are some ideas of what you can do:

  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your workplace, 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 along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • 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. One week after court, call your local law enforcement offices to make sure they have received copies of the order.
  • Take steps to safety plan, including changing your locks (if permitted by law) and your phone number.

Ongoing safety planning is important after receiving the order.  People 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 abusers obey protective orders, but some do not.  It is important to build on the things you have already been doing to keep yourself safe.  Click on Safety Planning for suggestions.  Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support; see KY Advocates and Shelters.

I was not granted a protective order. What are my options?

If you are not granted a protective 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 Safety Planning. To find a shelter or an advocate at a local program, please visit our KY Advocates and Shelters page.

You may be able to reapply for a protective order 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 a lawyer about the possibility of an appeal. Generally, appeals are complicated and you will most likely need the help of a lawyer. For basic information on appeals, see our Filing an Appeal page.

If you were not granted a protective order because your relationship with the abuser does not qualify, you may qualify for an interpersonal protective order.

What can I do if the abuser violates the order?

If the abuser intentionally violates your order, it can be considered contempt of court and a criminal offense, which is a Class A misdemeanor.1

To report the violation to law enforcement, you can call 911 immediately or you can file a criminal complaint. In some cases, the abuser can be arrested right away and prosecuted for a crime. Tell the officers you have a DVO and the respondent is violating it. If found guilty of a violation of a DVO, the abuser can be fined or put in jail. It is often a good idea to write down the name of the responding officers and their badge numbers in case you want to follow up on your case.

Another way to address the violation of a domestic violence order is to go back to the court that issued the order to file a “show cause” motion for contempt.2 A judge will then review the complaint or affidavit and decide what action to take.

Note: You can either pursue a civil proceeding or a criminal proceedings for the violation - you cannot pursue both. Once either proceeding has been filed, the other cannot be pursued, regardless of the outcome of the first proceeding.3

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

1 KRS § 403.763(1), (4)
2 KRS § 403.763(2)(a)
3 KRS § 403.763(1)

How 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 three 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 reissued.1 However, if there has been no further abuse or contact, you may want to be prepared to explain to the judge why you are still in danger of further abuse – for example, based on the history of abuse, gun ownership, etc.

Changing your order
Either you or the abuser can file a motion to change (amend) a domestic violence order.2 After a hearing, the judge will decide whether or not to grant the amendment requested.

Note: After a final DVO is issued, it’s possible to file a motion to amend it to request that the abuser wear a GPS device. The judge can grant your request if the abuser has committed a serious violation of a prior domestic violence order and if the judge believes that the GPS device would increase your safety.3

1 KRS § 403.740(4)
2 KRS § 403.745(5)
3 KRS § 403.761(1)

What happens to my order if I move?

If you move within Kentucky or to another state, your protective order will still be valid and good.  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.  You can read more on our Moving to Another State with a Kentucky Domestic Violence Order (DVO) page.

If you are moving to a new state, you may want to call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order in another state.

Si me dan una orden de protección, ¿aparecerá en una búsqueda en el internet?

De acuerdo a la ley federal, que aplica a todos los estados, territorios y tierras tribales, se supone que las cortes no publiquen información que podría revelar su identidad y localización en el internet. Esto aplica a:

  • la petición que presenta;
  • la orden de protección, orden de restricción o interdicto que le dio la corte; o,
  • que se registró la orden en otro estado. 1

1 18 USC § 2265(d)(3)

Interpersonal Protective Orders

Basic info and definitions

What is an interpersonal protective order?

An interpersonal protective order is a civil court order that protects you from an abuser if you are a victim of:

If you do not fit into these categories, you can check our Protective Orders / Domestic Violence Orders to see if you qualify for that type of order instead.

1 KRS § 456.030(1)

What is the legal definition of dating violence and abuse, sexual assault, and stalking?

Dating violence and abuse is when someone who you are/were dating commits any of the following: 

  1. physical injury;
  2. serious physical injury;
  3. stalking;
  4. sexual assault; 
  5. strangulation; 
  6. puts you in fear of immediate (imminent) physical injury, serious physical injury, stalking, sexual assault, or strangulation;
  7. commits cruelty to animals in the 1st or 2nd degree;
  8. commits the crime called torturing a dog or cat
  9. commits sexual crimes against an animal; or
  10. makes you fear that the acts listed in numbers 7, 8, and 9 will immediately be committed against a domestic animal with which you have a close bond in order to coerce, control, punish, intimidate you or to get revenge against you.1

Sexual assault means an act of rape, sodomy, incest, or sexual abuse in any degree or a criminal attempt, conspiracy, facilitation, or solicitation to commit any of those crimes.2 The law covers all of the crimes in Chapter 510 of the Penal Code, which you can find on our Selected Kentucky Statutes page. To qualify for an interpersonal protective order, the sexual assault can be committed by a dating partner or a non-dating partner.

Stalking is defined as the actions described in the crimes of stalking in the first degree or stalking in the second degree or a criminal attempt, conspiracy, facilitation, or solicitation to commit either of those crimes.3 To qualify for an interpersonal protective order, the sexual assault can be committed by a dating partner or a non-dating partner.

1 KRS § 456.010(2), (9)
2 KRS § 456.010(7)
3 KRS § 456.010(8)

What types of interpersonal protective orders are there? How long do they last?

There are two types of interpersonal protective orders, temporary and final.

The judge will review your petition for an interpersonal protective order immediately after you file in court.1 If the judge finds that there is an immediate and present danger of dating violence and abuse, sexual assault, or stalking, the judge can issue an ex parte temporary interpersonal protective order.2 The judge will also schedule a hearing for a final interpersonal protective order within 14 days if the judge believes from reading your petition that dating violence and abuse, sexual assault, or stalking has occurred.1

A final interpersonal protective order can only be issued only after the abuser has an opportunity to attend a court hearing in which you and the abuser both have a chance to present evidence, witnesses, testimony, etc. If after a hearing, the judge finds that dating violence and abuse, sexual assault, or stalking has occurred, the judge can issue a final interpersonal protective order that can last up to three years.3 The order may also be renewed – see Can an order be extended? for more information.

1 KRS § 456.040(1)(a)
2 KRS § 456.040(2)(a)
3 KRS § 456.060(1), (3)

What protections can I get in an interpersonal protective order?

In a temporary or final interpersonal protective order, the judge can:

  1. order that the abuser not:
    • commit any acts of dating violence and abuse, stalking, or sexual assault;
    • contact you or another person;
    • throw away or damage any of your property or joint property;
    • come within 500 feet of you or another person;
    • come within a specific distance of your home, school, workplace, or other place you go to frequently; and
    • do anything else that the judge believes could put you in danger offuture acts of dating violence and abuse, stalking, or sexual assault;
  2. give you possession of any shared domestic animal;
  3. order that you and/or the abuser receive counseling services available in the community in cases of dating violence and abuse; and
  4. order the following if you you request them:
    • specifically state which communications are allowed and which are not allowed, which could mean limited communication is OK; and
    • allow you and the abuser to be in a common area together under limited circumstances with specific restrictions laid out by the judge.1

1 KRS §§ 456.040(2)(a)(1), (2)(a)(2); 456.060(1)

Si el agresor vive en otro estado, ¿puedo conseguir una orden en su contra?

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

  1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
  2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
  3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

Who can get an interpersonal protective order

Am I eligible for an interpersonal protective order?

You may file for an interpersonal protective order against:

The judge may look at the following factors to decide if you and the abuser have a dating relationship according to the legal definition:

  • whether you expressed a romantic interest in one another;
  • whether the relationship was characterized by an expectation of affection;
  • your attendance at social outings as a couple;
  • the frequency and type of interaction between you and the abuser, including whether you have been involved together over time and continuously during the course of the relationship;
  • the length of the relationship and how long ago it ended, if applicable; and
  • other signs of a substantial connection that would lead a reasonable person to believe that a dating relationship existed.2

An adult may also file on behalf of a minor who qualifies for an interpersonal protective order. The law doesn’t specifically say that the adult has to be the minor’s parent or guardian.1

In addition, if someone is criminally convicted of any degree of rape, sodomy, or sexual abuse against you or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, an interpersonal protective order will automatically be issued on your behalf by the court that entered the judgment of conviction unless you request otherwise. In that case, the order can be effective for up to ten years, with the ability to renew it for up to ten years at a time.3

Note: If the person who has sexually assaulted, strangled, or stalked you is a family member or an intimate partner with whom you live(d) or have a child, or s/he is a current/former spouse, you would file for a protective order based on domestic violence instead. Please see Protective Orders / Domestic Violence Orders for more information

1 KRS §§ 456.030(1); 456.010(2), (7), (8), (9)
2 KRS § 456.010(1)
3 KRS § 510.037

Can a minor file for an interpersonal protective order?

The law says that an adult can file on behalf of a minor victim.1 The law is silent on whether the adult has to be the child’s parent or guardian. The law also doesn’t specifically say that a minor cannot file on his/her own. If you are a minor who wants to file your own petition without an adult helping you or if you want an adult to file for you who is not your parent or guardian, you may want to call your local courthouse to ask if this is possible.

1 KRS § 456.030(1)(d)

Steps for getting an interpersonal protective order

What are the steps for getting an interpersonal protective order?

Where can I file for an interpersonal protective order?

You can file a petition for an interpersonal protective order in the county where you live or a county to which you have fled in order to escape dating violence and abuse, stalking, or sexual assault.1

1 KRS § 456.030(2)

Can an interpersonal protective order be extended?

When your final order is about to expire, you can apply in court for it to be renewed (reissued) for a period of up to three years. There is no specific limit to the number of times that you can apply to renew your order. However, if the order was never violated since it was issued, this may be considered by the judge when deciding whether or not to reissue the order.1

1 KRS § 456.060(3)

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

General rules

Can I get my DVO from Kentucky enforced in another state?

If you have a valid Kentucky DVO that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid DVO’s granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my DVO is good under federal law? to find out if your DVO qualifies.

Each state must enforce out-of-state DVOs in the same way it enforces its own orders. If the abuser violates your out-of-state DVO, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.” 

 

How do I know if my DVO is good under federal law?

An DVO is good anywhere in the United States 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.1
  • 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.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

I have a emergency protective order (EPO) from abuse order.  Can it be enforced in another state?

An ex parte emergency protection order (EPO) can be enforced in other states as long as it meets the requirements listed in How do I know if my DVO is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte emergency protection order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)
 

 

Getting your domestic violence order enforced in another state

How 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.1 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 Advocates and Shelters 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.

1 18 U.S.C. § 2265(d)(2)

Do 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. 

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.

Can 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 Places that Help page.

Do I need to tell the court in Kentucky if I move?

If you won’t be getting mail at your old address, you may want to notify the court of your new address. The court that gave you your DVO needs to have an up-to-date address for you if you move because they will communicate with you only by mail if anything happens to your DVO; for example, if the abuser asks the court to modify or dismiss the order.  If you provide your new address to the court, ask that they keep it in a confidential part of your file, so 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.

Enforcing custody provision in another state

I was granted temporary custody with my DVO. Can I take my kids out of the state?

It may depend on the exact wording of the custody provision in your DVO. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations and legal assistance on our KY Places that Help page.

 

I was granted temporary custody with my DVO.  Will another state enforce this custody order?

Custody, visitation, and child support provisions that are included in a DVO can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

1 18 USC § 2266

Enforcing an Out-of-State Order in Kentucky

General rules for out-of-state orders in Kentucky

Can I get my protection order enforced in Kentucky? What are the requirements?

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.1
  • 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.2

For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

Note:  If your out-of-state protection order is violated in Kentucky, you can either pursue a civil proceeding or a criminal proceedings for the violation - you cannot pursue both.  Once either proceeding has been filed, the other cannot be pursued, regardless of the outcome of the first proceeding.3

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)
3 KRS § 403.7521(5)

Can I have my out-of-state protection order changed, extended, or canceled in Kentucky?

Generally, only the state that issued your protection order can change, extend, or cancel the order. 

To have your order changed, extended, or canceled, you will likely 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 Orders page for the state where your order was issued.

Kentucky law requires that you notify the courthouse in Kentucky where you filed your order to be authenticated if your protection order expires, is canceled, or is modified in any way by the court that issued the order. Within two business days of any such change, you have to notify the clerk and present a copy of the new order to be authenticated.1

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 / Domestic Violence Orders page.  

1 KRS § 403.7535(1), (2)

I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Kentucky?

As long as the child custody provision complies with certain federal laws,1 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.

1 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.

Registering your out-of-state order in Kentucky

What is the National Crime Information Center (NCIC) Registry? Who has access to it?

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Kentucky, the state that issued your protection order may already have entered your order into the NCIC. If not, your order may be entered into the NCIC once your order is registered in Kentucky.1 All law enforcement officials have access to the NCIC database, but the information is encrypted so outsiders cannot access it.

1 See KRS § 403.751

How do I register my protection order in Kentucky?

In order to register (authenticate) your out-of-state order in Kentucky, you can file a certified copy of your order in district court or circuit court.  A certified copy generally has a court seal or stamp and a signature on it from the clerk or judge.  If you do not have a certified copy, you can still file it in court.1  See Can I register my protection order if I do not have a certified copy? for more information. 

Your order will then be presented to the district judge or circuit judge, who will read over the order and add any information that is necessary for entry into the Law Information Network of Kentucky system (LINK system), which is a statewide database of protection orders in Kentucky that all law enforcement officers have access to.  A law enforcement officer will check the LINK system when enforcing your order, which is why it is helpful to make sure that your order is registered in this system.1 Once your order has been reviewed by the judge and entered into the LINK system, it will be considered authenticated and you will receive a certified copy of the affidavit that declares your order authenticated.2  Your order can then be enforced in any county in Kentucky, just as if it were a Kentucky domestic violence order.

To find a courthouse near you, go to our KY Courthouse Locations page. 

If you need help registering your protection order, you can contact a local domestic violence organization in Kentucky for assistance. You can find contact information for organizations in your area here on our KY Advocates and Shelters page.

1 KRS § 403.7521(1)-(3)
2 KRS § 403.7529(3)

Do I have to register my protection order in Kentucky in order to get it enforced?

Kentucky state law gives full protection to an out-of-state protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. It does not have to be entered into the state or federal registry in order to be enforced by a Kentucky police officer, but the officer does need to believe that the order has not expired.1

1 KRS § 403.7521

Can I register my protection order if I do not have a certified copy?

It is possible to register your order without a certified copy but it is a more complicated process. To register an uncertified order, you can bring the uncertified copy to a courthouse in Kentucky where your order will be filed and will be considered valid for 14 days, which means it can be enforced during the 14-day period.  The clerk will contact the courthouse that issued your order and ask them to send a certified copy.  If a certified copy is not sent within the 14-day period, your order will be extended for another 14-day period.  However, Kentucky law says that if the Kentucky court does not receive a certified copy after the full 28 days have passed, your order will be considered expired and cannot be enforced.1 

You may want to check with the clerk of court before the 28 days have expired to make sure that the court received a certified copy of your order.  

If this your order does expire, you may be able file for a Kentucky domestic violence order if you qualify. You may want to get in touch with a local domestic violence organization in Kentucky for help with this process.  You can find contact information for local organizations on our KY Advocates and Shelters page.  

1 KRS § 403.7527(3)

Will the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our KY Advocates and Shelters page.

1 18 USC § 2265(d)

 

What if I don't register my protection order?  Will it be more difficult to have it enforced?

While federal law does not require that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Kentucky law enforcement official to determine whether your order is real.  Once you have authenticated your order by filing it in court, the court will direct law enforcement to help you in having the order followed and order that it be enforced in any county.1

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Kentucky. To see a list of local domestic violence organizations in Kentucky, go to our KY Advocates and Shelters page. 

1 ​KRS § 403.7529(2)

Does it cost anything to register my protection order?

A fee cannot be charged for registering your out-of-state protection order in Kentucky.1

1 KRS § 403.745