Kentucky Statutes 456.070 – When protective order becomes effective and binding on respondent — Mutual protective orders — Petition hearing testimony later admissible only for impeachment purposes — Interpersonal protective order intake center
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(1) A temporary or ordinary interpersonal protective order shall become effective and binding on the respondent when the respondent is given notice of the existence and terms of the order by a peace officer or the court or upon personal service of the order, whichever is earlier. A peace officer or court giving notice of an unserved order shall make all reasonable efforts to arrange for the order’s personal service upon the respondent. Once effective, a peace officer or the court may enforce the order’s terms and act immediately upon their violation.
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any filing, hearing, service, or order authorized by or required to implement this chapter.
(3) A court shall not require mediation, conciliation, or counseling prior to or as a condition of issuing an interpersonal protective order.
(4) Mutual protective orders may be issued only if:
(a) Separate petitions have been filed by both parties; and
(b) The orders are written with sufficient specificity to allow any peace officer to identify which party has violated the order.
(5) Upon proper filing of a motion, either party may seek to amend an interpersonal protective order.
(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS
456.040 shall not be admissible in any criminal proceeding involving the same parties except for purposes of impeachment.
(7) (a) The Court of Justice, county and Commonwealth’s attorneys, law enforcement agencies, and victim services organizations may jointly operate an interpersonal protective order intake center to assist persons who apply for relief under this chapter.
(b) In cases where criminal conduct is alleged, a court may suggest that a petitioner voluntarily contact the county attorney. A court may not withhold or delay relief if the petitioner elects to not contact the county attorney.
(8) A person’s right to apply for relief under this chapter shall not be affected by that person leaving his or her residence to avoid dating violence and abuse, sexual assault, or stalking.
(9) A court shall order the omission or deletion of the petitioner’s address and the address of any minor children from any orders or documents to be made available to the public or to any person who engaged in the acts complained of in the petition.
(10) (a) If a petition under this chapter did not result in the issuance of a non- temporary interpersonal protective order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if:
1. Six (6) months have elapsed since the case was dismissed; and
2. During the six (6) months preceding the expungement request, the
respondent has not been bound by an order of protection issued for the protection of any person including an order of protection as defined in KRS § 403.720.
(b) As used in this subsection, “expungement” has the same meaning as in KRS
431.079.
Effective: January 1, 2016
History: Created 2015 Ky. Acts ch. 102, sec. 25, effective January 1, 2016.
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any filing, hearing, service, or order authorized by or required to implement this chapter.
Terms Used In Kentucky Statutes 456.070
- Attorney: means attorney-at-law. 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 - Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
- Order of protection: means any interpersonal protective order, including those issued on a temporary basis, and includes a foreign protective order. 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) A court shall not require mediation, conciliation, or counseling prior to or as a condition of issuing an interpersonal protective order.
(4) Mutual protective orders may be issued only if:
(a) Separate petitions have been filed by both parties; and
(b) The orders are written with sufficient specificity to allow any peace officer to identify which party has violated the order.
(5) Upon proper filing of a motion, either party may seek to amend an interpersonal protective order.
(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS
456.040 shall not be admissible in any criminal proceeding involving the same parties except for purposes of impeachment.
(7) (a) The Court of Justice, county and Commonwealth’s attorneys, law enforcement agencies, and victim services organizations may jointly operate an interpersonal protective order intake center to assist persons who apply for relief under this chapter.
(b) In cases where criminal conduct is alleged, a court may suggest that a petitioner voluntarily contact the county attorney. A court may not withhold or delay relief if the petitioner elects to not contact the county attorney.
(8) A person’s right to apply for relief under this chapter shall not be affected by that person leaving his or her residence to avoid dating violence and abuse, sexual assault, or stalking.
(9) A court shall order the omission or deletion of the petitioner’s address and the address of any minor children from any orders or documents to be made available to the public or to any person who engaged in the acts complained of in the petition.
(10) (a) If a petition under this chapter did not result in the issuance of a non- temporary interpersonal protective order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if:
1. Six (6) months have elapsed since the case was dismissed; and
2. During the six (6) months preceding the expungement request, the
respondent has not been bound by an order of protection issued for the protection of any person including an order of protection as defined in KRS § 403.720.
(b) As used in this subsection, “expungement” has the same meaning as in KRS
431.079.
Effective: January 1, 2016
History: Created 2015 Ky. Acts ch. 102, sec. 25, effective January 1, 2016.