Kentucky Statutes 403.750 – Order of protection for family member or member of unmarried couple upon filing of petition or action under KRS Chapter 403
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(1) Any family member or any member of an unmarried couple may file for and receive protection under this chapter from domestic violence and abuse, notwithstanding the existence of or intent to file an action under this chapter by either party.
(2) (a) Any family member or member of an unmarried couple who files a petition for an order of protection based upon domestic violence or abuse shall make known to the court any custody or divorce actions involving both the petitioner and the respondent that are pending in any court.
(b) If the petitioner or respondent to an order of protection initiates an action under this chapter, the party initiating the action shall make known to the court the existence and status of any orders of protection, which shall remain effective and enforceable until superseded by order of the court in which the case is filed.
(3) If a family member or member of an unmarried couple files an action for dissolution of marriage, child custody, or visitation, the court hearing the case shall have jurisdiction to issue an order of protection upon the filing of a verified motion either at the commencement or during the pendency of the action.
Effective: January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 8, effective January 1,
2016. — Amended 2010 Ky. Acts ch. 170, sec. 5, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 133, sec. 45, effective July 13, 2004. — Amended 1996 Ky. Acts ch. 99, sec. 2, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 172, sec. 8, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 418, sec. 6, effective July 13,
1990. — Created 1984 Ky. Acts ch. 152, sec. 8, effective July 13, 1984.
(2) (a) Any family member or member of an unmarried couple who files a petition for an order of protection based upon domestic violence or abuse shall make known to the court any custody or divorce actions involving both the petitioner and the respondent that are pending in any court.
Terms Used In Kentucky Statutes 403.750
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- 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.
(b) If the petitioner or respondent to an order of protection initiates an action under this chapter, the party initiating the action shall make known to the court the existence and status of any orders of protection, which shall remain effective and enforceable until superseded by order of the court in which the case is filed.
(3) If a family member or member of an unmarried couple files an action for dissolution of marriage, child custody, or visitation, the court hearing the case shall have jurisdiction to issue an order of protection upon the filing of a verified motion either at the commencement or during the pendency of the action.
Effective: January 1, 2016
History: Repealed and reenacted 2015 Ky. Acts ch. 102, sec. 8, effective January 1,
2016. — Amended 2010 Ky. Acts ch. 170, sec. 5, effective July 15, 2010. — Amended
2004 Ky. Acts ch. 133, sec. 45, effective July 13, 2004. — Amended 1996 Ky. Acts ch. 99, sec. 2, effective July 15, 1996. — Amended 1992 Ky. Acts ch. 172, sec. 8, effective July 14, 1992. — Amended 1990 Ky. Acts ch. 418, sec. 6, effective July 13,
1990. — Created 1984 Ky. Acts ch. 152, sec. 8, effective July 13, 1984.