Kentucky Statutes 456.040 – Review of petition for interpersonal protective order — Temporary interpersonal protective order
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(1) (a) The court shall review a petition for an interpersonal protective order immediately upon its filing. If the review indicates that dating violence and abuse, stalking, or sexual assault exists, the court shall summons the parties to an evidentiary hearing not more than fourteen (14) days in the future. If the review indicates that such a basis does not exist, the court may consider an amended petition or dismiss the petition without prejudice.
(b) Service of the summons and hearing order under this subsection shall be made upon the adverse party personally and may be made in the manner and by the persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil Procedure. A summons may be reissued if service has not been made on the adverse party by the fixed court date and time.
(2) (a) If the review under this section also indicates the presence of an immediate and present danger of dating violence and abuse, sexual assault, or stalking, the court shall, upon the filing of the petition, issue ex parte a temporary interpersonal protective order that:
1. Authorizes relief appropriate to the situation utilizing the alternatives set out in KRS § 456.060;
2. Sets forth which communications, if any, as requested by the petitioner, are authorized and which communications are unauthorized;
3. Expires upon the conclusion of the evidentiary hearing required by this section unless extended or withdrawn by subsequent order of the court; and
4. Does not order or refer the parties to mediation unless requested by the petitioner, and the court finds that:
a. The petitioner’s request is voluntary and not the result of coercion;
and
b. Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the petitioner.
Nothing in this paragraph shall be interpreted to place any restriction or restraint on the petitioner.
(b) If an order is not issued under this subsection, the court shall note on the petition, for the record, any action taken or denied and the reason for it.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 143, sec. 4, effective July 14, 2022. — Created
2015 Ky. Acts ch. 102, sec. 22, effective January 1, 2016.
(b) Service of the summons and hearing order under this subsection shall be made upon the adverse party personally and may be made in the manner and by the persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil Procedure. A summons may be reissued if service has not been made on the adverse party by the fixed court date and time.
Terms Used In Kentucky Statutes 456.040
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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 - 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
- Summons: Another word for subpoena used by the criminal justice system.
(2) (a) If the review under this section also indicates the presence of an immediate and present danger of dating violence and abuse, sexual assault, or stalking, the court shall, upon the filing of the petition, issue ex parte a temporary interpersonal protective order that:
1. Authorizes relief appropriate to the situation utilizing the alternatives set out in KRS § 456.060;
2. Sets forth which communications, if any, as requested by the petitioner, are authorized and which communications are unauthorized;
3. Expires upon the conclusion of the evidentiary hearing required by this section unless extended or withdrawn by subsequent order of the court; and
4. Does not order or refer the parties to mediation unless requested by the petitioner, and the court finds that:
a. The petitioner’s request is voluntary and not the result of coercion;
and
b. Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the petitioner.
Nothing in this paragraph shall be interpreted to place any restriction or restraint on the petitioner.
(b) If an order is not issued under this subsection, the court shall note on the petition, for the record, any action taken or denied and the reason for it.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 143, sec. 4, effective July 14, 2022. — Created
2015 Ky. Acts ch. 102, sec. 22, effective January 1, 2016.