Resource for a Recourse: Online Resource Center for Survivors of Abuse

KENTUCKY : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Kentucky law defines "domestic violence and abuse" as the occurrence of one or more of the following acts between "family members" or "members of an unmarried couple":

Physical injury
Sexual abuse
Assault
Infliction of fear of imminent physical injury, sexual abuse, or assault

Destruction of physical property alone is not considered domestic violence, unless it is combined with threatening behavior.

You can seek court protection from acts of domestic violence and abuse done to you or your minor child by:

a current or former spouse
parents or stepparents of your child
your parents
your child or stepchild
someone related to you by blood or marriage in the second degree
someone you live with as a couple or have lived with as a couple
someone you have had a child with

Note: In Kentucky, you may apply for a protection order against a current or former same-sex partner. However, judges do not always rule consistently in these cases. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule and for in positioning your case.

Types of protective orders:

Emergency Protective Orders (EPO's)

When you go to court to file for a Domestic Violence Order, you can also ask for an Emergency Protective Order (EPO). This can be done without a full court hearing and without your abuser present (this is called ex parte). If you are granted an EPO, your abuser will be notified that you have an order against him and the date and time of the hearing for your Domestic Violence Order.

An EPO is not effective or enforceable until it has been served on your abuser by law enforcement personnel. If the court grants you an EPO, you should stay in touch with law enforcement to make sure your abuser has been served with the papers.

Whether the judge grants you an EPO or not, you will be given a court date for a hearing, usually within 14 days of filing your petition. At the hearing, you and your abuser have a chance to be present and tell your sides of the story.

Domestic Violence Orders (DVO's)

A Domestic Violence Orders (DVO) is a longer-term version of an EPO. A DVO can only be issued to you after you have had a full court hearing, where you and the abuser both tell your sides of the story to a judge. You must attend that hearing. If you do not go to the hearing, your EPO may expire and you will have to start the process over.

Like EPO's, Domestic Violence Orders are not effective or enforceable until they have been served on your abuser. A DVO can last for up to three years. You may also extend your DVO for another three years.

BACK TO TOP

Benefits:

Protective Orders may:

Prevent the abuser from having any face-to-face, telephone, or written contact with you.
Prevent the abuser from contacting you through a third party.
Order your abuser to stay away from places where you work or study
Prevent the abuser from causing you physical harm, restricting your freedom of movement, or threatening you.
Prevent the abuser from selling or destroying any of your property or any property you share with him/her.
Give you temporary custody of your child or children.
Provide you with any other protection you feel is necessary; you must be specific, and the judge must agree that the protection you request is necessary.
Order the abuser to give any weapons in his possession to law enforcement personnel, and forbid him to buy weapons.
With a DVO (after a court hearing), you can also request child support.

Note: Note: Whether a judge orders any or all of the above depends on the facts of your case.

BACK TO TOP

Costs:

There is no cost to file for a protective order.

You do not need a lawyer to file for a Protective Order. However, you may wish to have a lawyer, especially if your abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.

BACK TO TOP

Violations:

Through the Police or Sheriff

If the defendant violates the DVO, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a DVO and the defendant is violating it. If the defendant is arrested, then the District Attorney may be able to prosecute your abuser - this is because it is a crime to violate a DVO. If found guilty of a violation of a DVO, the defendant can be fined or put in jail.

It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case.

Through the Court System

If you do not want to call the police, or if the abuser has fled the scene prior to the arrival of the police, you can go to the District Court to file either a "show cause" motion or a criminal complaint. Someone at the clerk's office can help you decide which of the two is more appropriate for your case. A judge will then review the complaint or affidavit and decide what action to take.

BACK TO TOP