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EspañolWhat types of interpersonal protective orders are there? How long do they last?
There are two types of interpersonal protective orders: temporary and final.
An ex parte temporary interpersonal protective order (TIPO) can be granted before the abuser finds out about the case (“ex parte”) if the judge believes that you are in immediate and present danger of dating violence and abuse, sexual assault, or stalking. The TIPO will last for 14 days, or until your final hearing is held.1 If law enforcement is unable to serve the abuser prior to the hearing, the judge can postpone the court date and extend your TIPO for another 14 days. The TIPO can be extended multiple times over a six-month period while law enforcement attempts service. If you ask, the judge, s/he can excuse you from returning to court until the abuser has been served. 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.2
A final interpersonal protective order (IPO) can only be issued after the abuser has been notified about the case. S/he must have an opportunity to attend a court hearing where both of you have a chance to present evidence, witnesses, testimony, etc. At the end of the hearing, if the judge finds that dating violence and abuse, sexual assault, or stalking has occurred, s/he can issue a final IPO that can last for up to three years.3 The IPO may also be renewed – see Can an interpersonal protective order be extended? for more information.
In addition, you will automatically get an IPO from the criminal court if someone is convicted of any of the following crimes against you:
- any degree of rape, sodomy, or sexual abuse; or
- a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse.4
If you don’t want the IPO, you have to tell the criminal court judge. An IPO that was entered after a criminal conviction can be effective for up to ten years. You will also have the option to renew it for up to ten years at a time.4
1 Ky. Rev. Stat. § 456.040(1), (2)
2 Ky. Rev. Stat. § 456.050(2)
3 Ky. Rev. Stat. § 456.060(1), (3)
4 Ky. Rev. Stat. § 510.037
