Kentucky’s Domestic Violence Protective Order Laws Explained

Domestic violence is a serious offense. Kentucky’s laws provide meaningful tools to shield victims and prosecute offenders.

An experienced attorney can offer guidance for accessing protection from domestic violence. It’s essential to understand how the state’s protective order system works, the orders that are available, who qualifies, and what happens when an order is violated.  

How Kentucky Law Defines Domestic Violence

Acts that injure a family member or resident of the same home, engaging in stalking, sexual abuse, assault, or putting a spouse, child, family member, or roommate in fear of imminent harm are all forms of domestic violence under Kentucky law.

Protection extends to unmarried partners, dating relationships, and members of the same household. The state prosecutes domestic violence as a misdemeanor offense the first time, but subsequent charges are enhanced felonies.

Protective Orders: Two Forms of Defense Against Repeated Abuse

When victims of domestic violence seek help from the police, they can request that the abuser be kept away. This usually results in temporary protective orders until the court holds a hearing. One is temporary and one is long-term:

1. Emergency Protective Orders. This is a court order used in situations when a person is in imminent danger. These orders are issued on an ex parte basis, meaning that the judge needs only to hear from one side of the dispute, without notifying or hearing from the alleged abuser. They typically prohibit an abuser from contacting or approaching their accuser.
2. Domestic Violence Order. This order is issued by a court hearing with both parties present. The court may issue a DVO if a preponderance of evidence shows that domestic violence and abuse has occurred and may be repeated. The court defines the period for the DVO, usually three years or less. These orders can be extended upon expiration.

The Interpersonal Protective Order

For other relationships, Interpersonal Protective Orders (IPO) cover victims of dating violence, sexual assault, or stalking that do not involve family members or roommates. A request for an IPO can be filed by a victim at any circuit court clerk’s office in the state.

Tips for Filing for Protective Orders

It is possible to get a protective order 24 hours a day in Kentucky. There are no fees for filing. Consider the following:

1. A request for protection can be filed in any county, at the circuit court clerk’s office.
2. Staff at domestic violence shelters may be able to file a request for orders electronically.
3. A judge reviews each request promptly.
4. If the judge issues emergency (EPO) orders a hearing is usually scheduled within 14 days to consider a long-term order.
5. Orders do not go into effect until the accused party is served with a copy of the papers or notified by law enforcement.

The Benefits of a Protective Order

Protective orders are enforceable in all 50 states. The court may also:

1. order the accused abuser to move out of a shared home
2. transfer temporary custody of children to another party
3. require temporary payment of child support
4. require counseling
5. award possession of shared domestic animals to the petitioner (victim)

When a Protective Order is Violated

Serious legal consequences ensue if the terms of a protective order are violated. A perpetrator may be charged with contempt of court and a criminal offense for each violation. That means:

1. A single violation is a Class A misdemeanor, potentially punishable by court-ordered fines and 12 months in jail.
2. Repeated violations escalates criminal charges: three violations in five years is considered a Class D felony, with one- to five years in prison and fines from $1,000 to $10,000.
3. Federal law prohibits individuals under a protective order from buying, selling, or possessing firearms or ammunition.

Legal Guidance for Protective Orders

It’s critical to understand your rights when petitioning for or when served with orders of protection. Howell Law attorneys can provide the guidance you need for a clear understanding of the impact that protective orders can have on your future. Call for a consultation today.