AI-assisted research summary: This section says who may file an interpersonal protective order petition, where it may be filed, what the petition must include, and which courts and officials handle the filing and related protocols.
456.030 Petition for interpersonal protective order. (1) A petition for an interpersonal protective order may be filed by: (a) A victim of dating violence and abuse; (b) A victim of stalking; (c) A victim of sexual assault; or (d) An adult on behalf of a victim who is a minor otherwise qualifying for relief under this subsection. (2) The petition may be filed in the victim's county of residence or a county where the victim has fled to escape dating violence and abuse, stalking, or sexual assault. (3) The petition shall be verified and contain: (a) The name, age, address, occupation, residence, and school or postsecondary institution of the petitioner; (b) The name, age, address, occupation, residence, and school or postsecondary institution of the person or persons who have engaged in the alleged act or acts complained of in the petition; (c) The facts and circumstances which constitute the basis for the petition; and (d) The names, ages, and addresses of the petitioner's minor children, if applicable. (4) The petition shall be filed on forms prescribed by the Administrative Office of the Courts and provided to the person seeking relief by the circuit clerk or by another individual authorized by the court to provide and verify petitions in emergency situations, such as law enforcement officers, Commonwealth's or county attorneys, and regional rape crisis centers or domestic violence shelters. (5) All petitions requested, completed, and signed by persons seeking protection under this chapter shall be accepted and filed with the court. (6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between the District Court and Circuit Court. (b) The Court of Justice shall provide a protocol for twenty-four (24) hour access to interpersonal protective orders in each county with any protocol, whether statewide or local, being subject to Supreme Court review and approval of the initial protocol and any subsequent amendments. This protocol may allow for petitions to be filed in or transferred to a court other than those specified in paragraph (a) of this subsection. (c) The Court of Justice may authorize by rule that petitions in a specific county be filed in accordance with a supplemental jurisdictional protocol adopted for that county. This protocol may provide for petitions to be filed in or transferred to a court other than those specified in paragraph (a) of this subsection. (d) 1. In addition to the protocols for twenty-four (24) hour access established under paragraphs (b) and (c) of this subsection, before January 1, 2019, the Court of Justice shall provide protocols for filing, including electronic filing, of petitions for orders of protection at those regional rape crisis centers designated under KRS 211.600, or regional domestic violence shelters designated under KRS 209A.045, that elect to participate in any county's twenty-four (24) hour access protocol. 2. These protocols shall be subject to Supreme Court review for approval of the initial protocol and any subsequent amendments. (7) Any judge to whom a petition is referred under subsection (6) of this section shall have full authority to review and hear a petition and subsequently grant and enforce an interpersonal protective order. (8) If the judge of a court in which there is a pending request for modification or enforcement of an existing order of protection is unavailable or unable to act within a reasonable time, the proceedings may be conducted by any judge of the county in accordance with court rules. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 115, sec. 7, effective July 14, 2018. -- Created 2015 Ky. Acts ch. 102, sec. 21, effective January 1, 2016. Legislative Research Commission Note (7/14/2018). Pursuant to 2018 Ky. Acts ch. 115, sec. 12, that Act shall be known as the Women's Dignity in the Justice System Act. This statute was amended in Section 7 of that Act.