Kentucky Statutes 403.7524 – Statement to assist out-of-state court in determining whether order issued under KRS 403.715 to 403.785 is entitled to full faith and credit
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(1) In order to assist a court of another state in determining whether an order issued under KRS § 403.715 to KRS § 403.785 is entitled to full faith and credit pursuant to 18
U.S.C. sec. 2265:
(a) All domestic violence orders shall include a statement certifying that the issuing court had jurisdiction over the parties and the matter, and that reasonable notice and opportunity to be heard has been given to the person against whom the order is sought sufficient to protect that person’s right to due process; and
(b) All emergency protective orders shall include a statement certifying that notice and opportunity to be heard has been provided within the time required by state law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.
(2) The Administrative Office of the Courts shall prescribe the form to be used for the purposes of this section.
Effective: January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 11, effective January 1,
2016. — Created 1996 Ky. Acts ch. 99, sec. 5, effective July 15, 1996.
Legislative Research Commission Note (7/15/96; modified 1/7/98). The KRS references contained in subsections (1) and (3) of this statute have been codified as those references were enacted in 1996 Ky. Acts ch. 99 (Senate Bill 105), sec. 5, but it appears that these statute references may be erroneous. Subsection (1) contained a reference to Section 1 of the Act (KRS § 403.725), but from context it appears that Section 4 of the Act (KRS § 403.7521) may have been intended; subsection (3) contained a reference to Section 4 of the Act (KRS § 403.7521), but from context it appears that Section 2 of the Act (KRS § 403.750) may have been intended. (Modified to correct a mistaken subsection reference.)
U.S.C. sec. 2265:
Terms Used In Kentucky Statutes 403.7524
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
(a) All domestic violence orders shall include a statement certifying that the issuing court had jurisdiction over the parties and the matter, and that reasonable notice and opportunity to be heard has been given to the person against whom the order is sought sufficient to protect that person’s right to due process; and
(b) All emergency protective orders shall include a statement certifying that notice and opportunity to be heard has been provided within the time required by state law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent’s due process rights.
(2) The Administrative Office of the Courts shall prescribe the form to be used for the purposes of this section.
Effective: January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 11, effective January 1,
2016. — Created 1996 Ky. Acts ch. 99, sec. 5, effective July 15, 1996.
Legislative Research Commission Note (7/15/96; modified 1/7/98). The KRS references contained in subsections (1) and (3) of this statute have been codified as those references were enacted in 1996 Ky. Acts ch. 99 (Senate Bill 105), sec. 5, but it appears that these statute references may be erroneous. Subsection (1) contained a reference to Section 1 of the Act (KRS § 403.725), but from context it appears that Section 4 of the Act (KRS § 403.7521) may have been intended; subsection (3) contained a reference to Section 4 of the Act (KRS § 403.7521), but from context it appears that Section 2 of the Act (KRS § 403.750) may have been intended. (Modified to correct a mistaken subsection reference.)