Kentucky Statutes 456.090 – Law enforcement to assist protective order petitioner and victim of dating violence and abuse, sexual assault, or stalking — Statewide enforcement — Civil and criminal immunity
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(1) A court issuing an interpersonal protective order shall direct the appropriate law enforcement agency to assist the petitioner in having the provisions of the order complied with.
(2) When a law enforcement officer has reason to suspect that a person has been the victim of dating violence and abuse, sexual assault, or stalking, the officer shall use all reasonable means to provide assistance to the victim, including but not limited to:
(a) Remaining at the location of the call for assistance so long as the officer reasonably suspects there is danger to the physical safety of individuals there without the presence of a law enforcement officer;
(b) Assisting the victim in obtaining medical treatment, including transporting the victim to the nearest medical facility capable of providing the necessary treatment;
(c) Advising the victim immediately of the rights available to them, including the provisions of this chapter; and
(d) Completing a JC-3 form, or its equivalent replacement, and providing the information to the Criminal Justice Statistical Analysis Center pursuant to KRS § 209A.110.
(3) Orders of protection shall be enforced in any county of the Commonwealth.
(4) Officers acting in good faith under this chapter shall be immune from criminal and civil liability.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 224, sec. 6, effective July 14, 2022. — Created
2015 Ky. Acts ch. 102, sec. 27, effective January 1, 2016.
(2) When a law enforcement officer has reason to suspect that a person has been the victim of dating violence and abuse, sexual assault, or stalking, the officer shall use all reasonable means to provide assistance to the victim, including but not limited to:
Terms Used In Kentucky Statutes 456.090
- 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 - 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
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(a) Remaining at the location of the call for assistance so long as the officer reasonably suspects there is danger to the physical safety of individuals there without the presence of a law enforcement officer;
(b) Assisting the victim in obtaining medical treatment, including transporting the victim to the nearest medical facility capable of providing the necessary treatment;
(c) Advising the victim immediately of the rights available to them, including the provisions of this chapter; and
(d) Completing a JC-3 form, or its equivalent replacement, and providing the information to the Criminal Justice Statistical Analysis Center pursuant to KRS § 209A.110.
(3) Orders of protection shall be enforced in any county of the Commonwealth.
(4) Officers acting in good faith under this chapter shall be immune from criminal and civil liability.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 224, sec. 6, effective July 14, 2022. — Created
2015 Ky. Acts ch. 102, sec. 27, effective January 1, 2016.