Kentucky Statutes 456.130 – Information required in interpersonal protective order to assist in full faith and credit determination
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(1) In order to assist a court of another state in determining whether an order issued under this chapter is entitled to full faith and credit pursuant to 18 U.S.C. § 2265:
(a) All interpersonal protective 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 temporary interpersonal 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: Created 2015 Ky. Acts ch. 102, sec. 31, effective January 1, 2016.
(a) All interpersonal protective 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
Terms Used In Kentucky Statutes 456.130
- 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
(b) All temporary interpersonal 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: Created 2015 Ky. Acts ch. 102, sec. 31, effective January 1, 2016.