CHAPTER 158
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CHAPTER 158
( HB 319 )
AN ACT relating to interpersonal violence.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
Section 1. KRS 403.720 is amended to read as follows:
As used in KRS 403.715 to 403.785:
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept as a household pet, but
does not include animals normally raised for agricultural or commercial purposes;
(2) "Domestic violence and abuse" means:
(a) Physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of
fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between
family members or members of an unmarried couple; or
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of
such imminent conduct, taken against a domestic animal when used as a method of coercion,
control, punishment, intimidation, or revenge directed against a family member or member of an
unmarried couple who has a close bond of affection to the domestic animal;
(3)[(2)] "Family member" means a spouse, including a former spouse, a grandparent, a grandchild, a parent, a
child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;
(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection which is entitled to full
faith and credit pursuant to 18 U.S.C. sec. 2265 that was issued on the basis of domestic violence and abuse;
(5)[(4)] "Global positioning monitoring system" means a system that electronically determines a person's
location through a device worn by the person which does not invade his or her bodily integrity and which
transmits the person's latitude and longitude data to a monitoring entity;
(6)[(5)] "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a
child in common, any children of that couple, or a member of an unmarried couple who are living together or
have formerly lived together;
(7)[(6)] "Order of protection" means an emergency protective order or a domestic violence order and includes a
foreign protective order;
(8)[(7)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or a criminal attempt,
conspiracy, facilitation, or solicitation to commit the crime of strangulation; and
(9)[(8)] "Substantial violation" means criminal conduct which involves actual or threatened harm to the person,
family, or property, including a domestic animal, of an individual protected by an order of protection.
Section 2. KRS 403.740 is amended to read as follows:
(1) Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that
domestic violence and abuse has occurred and may again occur, the court may issue a domestic violence order:
(a) Restraining the adverse party from:
1. Committing further acts of domestic violence and abuse;
2. Any unauthorized contact or communication with the petitioner or other person specified by the
court;
3. Approaching the petitioner or other person specified by the court within a distance specified in
the order, not to exceed five hundred (500) feet;
4. Going to or within a specified distance of a specifically described residence, school, or place of
employment or area where such a place is located; and
5. Disposing of or damaging any of the property of the parties; ACTS OF THE GENERAL ASSEMBLY 2
(b) Directing or prohibiting any other actions that the court believes will be of assistance in eliminating
future acts of domestic violence and abuse, except that the court shall not order the petitioner to take
any affirmative action;
(c) Directing that either or both of the parties receive counseling services available in the community in
domestic violence and abuse cases; and
(d) Additionally, if applicable:
1. Directing the adverse party to vacate a residence shared by the parties to the action;
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, grant temporary custody,
subject to KRS 403.315;[ and]
3. Utilizing the criteria set forth in KRS 403.211, 403.212, and 403.213, award temporary child
support; and
4. Awarding possession of any shared domestic animal to the petitioner.
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the court shall:
(a) Afford the petitioner and respondent, if present, an opportunity to testify on the issue of the locations
and areas from which the respondent should or should not be excluded;
(b) Only impose a location restriction where there is a specific, demonstrable danger to the petitioner or
other person protected by the order;
(c) Specifically describe in the order the locations or areas prohibited to the respondent; and
(d) Consider structuring a restriction so as to allow the respondent transit through an area if the respondent
does not interrupt his or her travel to harass, harm, or attempt to harass or harm the petitioner.
(3) When temporary child support is granted under this section, the court shall enter an order detailing how the
child support is to be paid and collected. Child support ordered under this section may be enforced utilizing the
same procedures as any other child support order.
(4) A domestic violence order shall be effective for a period of time fixed by the court, not to exceed three (3)
years, and may be reissued upon expiration for subsequent periods of up to three (3) years each. The fact that
an order has not been violated since its issuance may be considered by a court in hearing a request for a
reissuance of the order.
Section 3. KRS 456.010 is amended to read as follows:
As used in this chapter:
(1) "Dating relationship" means a relationship between individuals who have or have had a relationship of a
romantic or intimate nature. It does not include a casual acquaintanceship or ordinary fraternization in a
business or social context. The following factors may be considered in addition to any other relevant factors in
determining whether the relationship is or was of a romantic or intimate nature:
(a) Declarations of romantic interest;
(b) The relationship was characterized by the expectation of affection;
(c) Attendance at social outings together as a couple;
(d) The frequency and type of interaction between the persons, including whether the persons have been
involved together over time and on a continuous basis during the course of the relationship;
(e) The length and recency of the relationship; and
(f) Other indications of a substantial connection that would lead a reasonable person to understand that a
dating relationship existed;
(2) "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; or CHAPTER 158
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(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of
such imminent conduct, taken against a domestic animal when used as a method of coercion,
control, punishment, intimidation, or revenge directed against a person with whom the perpetrator is
or has been in a dating relationship, when that person has a close bond of affection to the domestic
animal;
(3) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept as a household pet, but
does not include animals normally raised for agricultural or commercial purposes;
(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection which is entitled to full
faith and credit pursuant to 18 U.S.C. sec. 2265 which was not issued on the basis of domestic violence and
abuse;
(5)[(4)] "Global positioning monitoring system" means a system that electronically determines a person's
location through a device worn by the person which does not invade his or her bodily integrity and which
transmits the person's latitude and longitude data to a monitoring entity;
(6)[(5)] "Order of protection" means any interpersonal protective order, including those issued on a temporary
basis, and includes a foreign protective order;
(7)[(6)] "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 530.020;
(8)[(7)] "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 508.150, or a criminal
attempt, conspiracy, facilitation, or solicitation to commit the crime of stalking;
(9)[(8)] "Strangulation" refers to conduct prohibited by KRS 508.170 and 508.175, or a criminal attempt,
conspiracy, facilitation, or solicitation to commit the crime of strangulation; and
(10)[(9)] "Substantial violation" means criminal conduct which involves actual or threatened harm to the person,
family, or property, including a domestic animal, of an individual protected by an order of protection.
Section 4. KRS 456.060 is amended to read as follows:
(1) Following a hearing ordered under KRS 456.040, if a court finds by a preponderance of the evidence that
dating violence and abuse, sexual assault, or stalking has occurred and may again occur, the court may issue an
interpersonal protective order:
(a) Restraining the adverse party from:
1. Committing further acts of dating violence and abuse, stalking, or sexual assault;
2. Any unauthorized contact or communication with the petitioner or other person specified by the
court;
3. Approaching the petitioner or other person specified by the court within a distance specified in
the order, not to exceed five hundred (500) feet;
4. Going to or within a specified distance of a specifically described residence, school, or place of
employment or area where such a place is located; and
5. Disposing of or damaging any of the property of the parties;
(b) Directing or prohibiting any other actions that the court believes will be of assistance in eliminating
future acts of dating violence and abuse, stalking, or sexual assault, except that the court shall not order
the petitioner to take any affirmative action;[ and]
(c) Directing that either or both of the parties receive counseling services available in the community in
dating violence and abuse cases; and
(d) Awarding possession of any shared domestic animal to the petitioner.
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the court shall:
(a) Afford the petitioner and respondent, if present, an opportunity to testify on the issue of the locations
and areas from which the respondent should or should not be excluded; ACTS OF THE GENERAL ASSEMBLY 4
(b) Only impose a location restriction where there is a specific, demonstrable danger to the petitioner or
other person protected by the order;
(c) Specifically describe in the order the locations or areas prohibited to the respondent; and
(d) Consider structuring a restriction so as to allow the respondent transit through an area if the respondent
does not interrupt his or her travel to harass, harm, or attempt to harass or harm the petitioner.
(3) An interpersonal protective order shall be effective for a period of time fixed by the court, not to exceed three
(3) years, and may be reissued upon expiration for subsequent periods of up to three (3) years each. The fact
that an order has not been violated since its issuance may be considered by a court in hearing a request for a
reissuance of the order.
Signed by Governor April 8, 2022.