UNOFFICIAL COPY 22 RS BR 1329
Page 1 of 2
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AN ACT relating to orders of protection. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 403.763 is amended to read as follows: 3
(1) Violation of the terms or conditions of an order of protection after the person has 4
been served or given notice of the order shall constitute contempt of court and a 5
criminal offense under this section. Once a criminal or contempt proceeding has 6
been initiated, the other shall not be undertaken regardless of the outcome of the 7
original proceeding. 8
(2) (a) Court proceedings for contempt of court for violation of an order of protection 9
shall be held in the county where the order was issued or filed. 10
(b) Court proceedings for a criminal violation of an order of protection shall 11
follow the rules of venue applicable to criminal cases generally. 12
(3) Nothing in this section shall preclude the Commonwealth from prosecuting and 13
convicting the respondent of criminal offenses other than violation of an order of 14
protection. 15
(4) (a) A person is guilty of a violation of an order of protection when he or she 16
intentionally violates the provisions of an order of protection after the person 17
has been served or given notice of the order. 18
(b) A first violation of an order of protection is a Class A misdemeanor. 19
(c) A second or subsequent violation of an order of protection within five (5) 20
years is a Class D felony. 21
1. The victim in the second or subsequent offense is not required to be 22
the same person who was the victim in the prior offenses in order for 23
the provisions of this section to apply. 24
2. The five (5) year period under this paragraph shall be measured from 25
the dates on which the offenses occurred for which the judgments of 26
conviction were entered by a court of competent jurisdiction. 27 UNOFFICIAL COPY 22 RS BR 1329
Page 2 of 2
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Section 2. KRS 456.180 is amended to read as follows: 1
(1) Violation of the terms or conditions of an order of protection after the person has 2
been served or given notice of the order shall constitute contempt of court and a 3
criminal offense under this section. Once a criminal or contempt proceeding has 4
been initiated, the other shall not be undertaken regardless of the outcome of the 5
original proceeding. 6
(2) (a) Court proceedings for contempt of court for violation of an order of protection 7
shall be held in the county where the order was issued or filed. 8
(b) Court proceedings for a criminal violation of an order of protection shall 9
follow the rules of venue applicable to criminal cases generally. 10
(3) Nothing in this section shall preclude the Commonwealth from prosecuting and 11
convicting the respondent of criminal offenses other than violation of an order of 12
protection. 13
(4) (a) A person is guilty of a violation of an order of protection when he or she 14
intentionally violates the provisions of an interpersonal protective order after 15
the person has been served or given notice of the order. 16
(b) A first violation of an order of protection is a Class A misdemeanor. 17
(c) A second or subsequent violation of an order of protection within five (5) 18
years is a Class D felony. 19
1. The victim in the second or subsequent offense is not required to be 20
the same person who was the victim in the prior offenses in order for 21
the provisions of this section to apply. 22
2. The five (5) year period under this paragraph shall be measured from 23
the dates on which the offenses occurred for which the judgments of 24
conviction were entered by a court of competent jurisdiction. 25