UNOFFICIAL COPY 22 RS HB 319/GA
Page 1 of 7
HB031910.100 - 198 - XXXX GA
AN ACT relating to interpersonal violence. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 403.720 is amended to read as follows: 3
As used in KRS 403.715 to 403.785: 4
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and 5
kept as a household pet, but does not include animals normally raised for 6
agricultural or commercial purposes; 7
(2) "Domestic violence and abuse" means: 8
(a) Physical injury, serious physical injury, stalking, sexual abuse, strangulation, 9
assault, or the infliction of fear of imminent physical injury, serious physical 10
injury, sexual abuse, strangulation, or assault between family members or 11
members of an unmarried couple; or 12
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or 13
the infliction of fear of such imminent conduct, taken against a domestic 14
animal when used as a method of coercion, control, punishment, 15
intimidation, or revenge directed against a family member or member of an 16
unmarried couple who has a close bond of affection to the domestic animal; 17
(3)[(2)] "Family member" means a spouse, including a former spouse, a grandparent, a 18
grandchild, a parent, a child, a stepchild, or any other person living in the same 19
household as a child if the child is the alleged victim; 20
(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection 21
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 that was 22
issued on the basis of domestic violence and abuse; 23
(5)[(4)] "Global positioning monitoring system" means a system that electronically 24
determines a person's location through a device worn by the person which does not 25
invade his or her bodily integrity and which transmits the person's latitude and 26
longitude data to a monitoring entity; 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 2 of 7
HB031910.100 - 198 - XXXX GA
(6)[(5)] "Member of an unmarried couple" means each member of an unmarried 1
couple which allegedly has a child in common, any children of that couple, or a 2
member of an unmarried couple who are living together or have formerly lived 3
together; 4
(7)[(6)] "Order of protection" means an emergency protective order or a domestic 5
violence order and includes a foreign protective order; 6
(8)[(7)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or 7
a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of 8
strangulation; and 9
(9)[(8)] "Substantial violation" means criminal conduct which involves actual or 10
threatened harm to the person, family, or property, including a domestic animal, of 11
an individual protected by an order of protection. 12
Section 2. KRS 403.740 is amended to read as follows: 13
(1) Following a hearing ordered under KRS 403.730, if a court finds by a 14
preponderance of the evidence that domestic violence and abuse has occurred and 15
may again occur, the court may issue a domestic violence order: 16
(a) Restraining the adverse party from: 17
1. Committing further acts of domestic violence and abuse; 18
2. Any unauthorized contact or communication with the petitioner or other 19
person specified by the court; 20
3. Approaching the petitioner or other person specified by the court within 21
a distance specified in the order, not to exceed five hundred (500) feet; 22
4. Going to or within a specified distance of a specifically described 23
residence, school, or place of employment or area where such a place is 24
located; and 25
5. Disposing of or damaging any of the property of the parties; 26
(b) Directing or prohibiting any other actions that the court believes will be of 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 3 of 7
HB031910.100 - 198 - XXXX GA
assistance in eliminating future acts of domestic violence and abuse, except 1
that the court shall not order the petitioner to take any affirmative action; 2
(c) Directing that either or both of the parties receive counseling services 3
available in the community in domestic violence and abuse cases; and 4
(d) Additionally, if applicable: 5
1. Directing the adverse party to vacate a residence shared by the parties to 6
the action; 7
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, 8
grant temporary custody, subject to KRS 403.315;[ and] 9
3. Utilizing the criteria set forth in KRS 403.211, 403.212, and 403.213, 10
award temporary child support; and 11
4. Awarding possession of any shared domestic animal to the petitioner. 12
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 13
court shall: 14
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 15
the issue of the locations and areas from which the respondent should or 16
should not be excluded; 17
(b) Only impose a location restriction where there is a specific, demonstrable 18
danger to the petitioner or other person protected by the order; 19
(c) Specifically describe in the order the locations or areas prohibited to the 20
respondent; and 21
(d) Consider structuring a restriction so as to allow the respondent transit through 22
an area if the respondent does not interrupt his or her travel to harass, harm, or 23
attempt to harass or harm the petitioner. 24
(3) When temporary child support is granted under this section, the court shall enter an 25
order detailing how the child support is to be paid and collected. Child support 26
ordered under this section may be enforced utilizing the same procedures as any 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 4 of 7
HB031910.100 - 198 - XXXX GA
other child support order. 1
(4) A domestic violence order shall be effective for a period of time fixed by the court, 2
not to exceed three (3) years, and may be reissued upon expiration for subsequent 3
periods of up to three (3) years each. The fact that an order has not been violated 4
since its issuance may be considered by a court in hearing a request for a reissuance 5
of the order. 6
Section 3. KRS 456.010 is amended to read as follows: 7
As used in this chapter: 8
(1) "Dating relationship" means a relationship between individuals who have or have 9
had a relationship of a romantic or intimate nature. It does not include a casual 10
acquaintanceship or ordinary fraternization in a business or social context. The 11
following factors may be considered in addition to any other relevant factors in 12
determining whether the relationship is or was of a romantic or intimate nature: 13
(a) Declarations of romantic interest; 14
(b) The relationship was characterized by the expectation of affection; 15
(c) Attendance at social outings together as a couple; 16
(d) The frequency and type of interaction between the persons, including whether 17
the persons have been involved together over time and on a continuous basis 18
during the course of the relationship; 19
(e) The length and recency of the relationship; and 20
(f) Other indications of a substantial connection that would lead a reasonable 21
person to understand that a dating relationship existed; 22
(2) "Dating violence and abuse" means: 23
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, 24
or the infliction of fear of imminent physical injury, serious physical injury, 25
sexual abuse, strangulation, or assault occurring between persons who are or 26
have been in a dating relationship; or 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 5 of 7
HB031910.100 - 198 - XXXX GA
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or 1
the infliction of fear of such imminent conduct, taken against a domestic 2
animal when used as a method of coercion, control, punishment, 3
intimidation, or revenge directed against a person with whom the 4
perpetrator is or has been in a dating relationship, when that person has a 5
close bond of affection to the domestic animal; 6
(3) "Domestic animal" means a dog, cat, or other animal that is domesticated and 7
kept as a household pet, but does not include animals normally raised for 8
agricultural or commercial purposes; 9
(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection 10
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 which was 11
not issued on the basis of domestic violence and abuse; 12
(5)[(4)] "Global positioning monitoring system" means a system that electronically 13
determines a person's location through a device worn by the person which does not 14
invade his or her bodily integrity and which transmits the person's latitude and 15
longitude data to a monitoring entity; 16
(6)[(5)] "Order of protection" means any interpersonal protective order, including 17
those issued on a temporary basis, and includes a foreign protective order; 18
(7)[(6)] "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, 19
or sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, 20
facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, 21
or incest under KRS 530.020; 22
(8)[(7)] "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 23
508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the 24
crime of stalking; 25
(9)[(8)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or 26
a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 6 of 7
HB031910.100 - 198 - XXXX GA
strangulation; and 1
(10)[(9)] "Substantial violation" means criminal conduct which involves actual or 2
threatened harm to the person, family, or property, including a domestic animal, of 3
an individual protected by an order of protection. 4
Section 4. KRS 456.060 is amended to read as follows: 5
(1) Following a hearing ordered under KRS 456.040, if a court finds by a 6
preponderance of the evidence that dating violence and abuse, sexual assault, or 7
stalking has occurred and may again occur, the court may issue an interpersonal 8
protective order: 9
(a) Restraining the adverse party from: 10
1. Committing further acts of dating violence and abuse, stalking, or sexual 11
assault; 12
2. Any unauthorized contact or communication with the petitioner or other 13
person specified by the court; 14
3. Approaching the petitioner or other person specified by the court within 15
a distance specified in the order, not to exceed five hundred (500) feet; 16
4. Going to or within a specified distance of a specifically described 17
residence, school, or place of employment or area where such a place is 18
located; and 19
5. Disposing of or damaging any of the property of the parties; 20
(b) Directing or prohibiting any other actions that the court believes will be of 21
assistance in eliminating future acts of dating violence and abuse, stalking, or 22
sexual assault, except that the court shall not order the petitioner to take any 23
affirmative action;[ and] 24
(c) Directing that either or both of the parties receive counseling services 25
available in the community in dating violence and abuse cases; and 26
(d) Awarding possession of any shared domestic animal to the petitioner. 27 UNOFFICIAL COPY 22 RS HB 319/GA
Page 7 of 7
HB031910.100 - 198 - XXXX GA
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 1
court shall: 2
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 3
the issue of the locations and areas from which the respondent should or 4
should not be excluded; 5
(b) Only impose a location restriction where there is a specific, demonstrable 6
danger to the petitioner or other person protected by the order; 7
(c) Specifically describe in the order the locations or areas prohibited to the 8
respondent; and 9
(d) Consider structuring a restriction so as to allow the respondent transit through 10
an area if the respondent does not interrupt his or her travel to harass, harm, or 11
attempt to harass or harm the petitioner. 12
(3) An interpersonal protective order shall be effective for a period of time fixed by the 13
court, not to exceed three (3) years, and may be reissued upon expiration for 14
subsequent periods of up to three (3) years each. The fact that an order has not been 15
violated since its issuance may be considered by a court in hearing a request for a 16
reissuance of the order. 17