Kentucky Statutes 456.020 – Interpretation of chapter
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(1) This chapter shall be interpreted to:
(a) Allow victims to obtain effective, short-term protection against further wrongful conduct in order that their lives may be as secure and as uninterrupted as possible;
(b) Expand the ability of law enforcement officers to effectively respond to further wrongful conduct so as to prevent future incidents and to provide assistance to the victims;
(c) Provide peace officers with the authority to immediately apprehend and charge for violation of an order of protection any person whom the officer has probable cause to believe has violated an order of protection and to provide courts with the authority to conduct contempt of court proceedings for these violations;
(d) Provide for the collection of data concerning incidents of dating violence and abuse, sexual assault, strangulation, and stalking in order to develop a comprehensive analysis of the numbers and causes of such incidents; and
(e) Supplement and not repeal or supplant any duties, responsibilities, services, or penalties under KRS Chapters 209, 209A, and 620.
(2) Nothing in this chapter is intended to trigger the application of the provisions of 18
U.S.C sec. 922(g) as to an interpersonal protective order issued on the basis of the existence of a current or previous dating relationship.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 183, sec. 5, effective June 27, 2019. — Created
2015 Ky. Acts ch. 102, sec. 20, effective January 1, 2016.
(a) Allow victims to obtain effective, short-term protection against further wrongful conduct in order that their lives may be as secure and as uninterrupted as possible;
Terms Used In Kentucky Statutes 456.020
- Dating relationship: means a relationship between individuals who have or have had a relationship of a romantic or intimate nature. See Kentucky Statutes 456.010
- Dating violence and abuse: means :
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault occurring between persons who are or have been in a dating relationship. See Kentucky Statutes 456.010 - Order of protection: means any interpersonal protective order, including those issued on a temporary basis, and includes a foreign protective order. See Kentucky Statutes 456.010
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Sexual assault: refers to conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, or incest
under KRS §. See Kentucky Statutes 456.010 - Stalking: refers to conduct prohibited as stalking under KRS §. See Kentucky Statutes 456.010
- Strangulation: refers to conduct prohibited by KRS §. See Kentucky Statutes 456.010
(b) Expand the ability of law enforcement officers to effectively respond to further wrongful conduct so as to prevent future incidents and to provide assistance to the victims;
(c) Provide peace officers with the authority to immediately apprehend and charge for violation of an order of protection any person whom the officer has probable cause to believe has violated an order of protection and to provide courts with the authority to conduct contempt of court proceedings for these violations;
(d) Provide for the collection of data concerning incidents of dating violence and abuse, sexual assault, strangulation, and stalking in order to develop a comprehensive analysis of the numbers and causes of such incidents; and
(e) Supplement and not repeal or supplant any duties, responsibilities, services, or penalties under KRS Chapters 209, 209A, and 620.
(2) Nothing in this chapter is intended to trigger the application of the provisions of 18
U.S.C sec. 922(g) as to an interpersonal protective order issued on the basis of the existence of a current or previous dating relationship.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 183, sec. 5, effective June 27, 2019. — Created
2015 Ky. Acts ch. 102, sec. 20, effective January 1, 2016.