Kentucky Statutes 425.071 – Prohibitions by temporary restraining order
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In the discretion of the judicial officer, the temporary restraining order may prohibit the defendant from doing any of the following:
(a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer.
(b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.
(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.
History: Created 1976 Ky. Acts ch. 91, sec. 14.
(a) Transferring any interest in the property by sale, pledge, or grant of security interest, or otherwise disposing of or encumbering, the property. If the property is farm products held for sale or lease or is inventory, the order may not prohibit the defendant from transferring the property in the ordinary course of business, but the order may impose appropriate restrictions on the disposition of the proceeds from such transfer.
Terms Used In Kentucky Statutes 425.071
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- judicial officer: means any judge or any commissioner or other officer appointed by the trial court to perform the duties required by this chapter. See Kentucky Statutes 425.006
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(b) Concealing or otherwise removing the property in such a manner as to make it less available to seizure by the levying officer.
(c) Impairing the value of the property either by acts of destruction or by failure to care for the property in a reasonable manner.
History: Created 1976 Ky. Acts ch. 91, sec. 14.