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AN ACT relating to lifetime orders of protection. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) A petition for a lifetime protective order may be filed by: 5
(a) A victim or family member of a victim of an offense under KRS Chapter 6
507; 7
(b) A victim of an offense under KRS Chapter 508; 8
(c) A victim of an offense under KRS Chapter 509; 9
(d) A victim of an offense under KRS Chapter 510; or 10
(e) An adult on behalf of a victim who is a minor otherwise qualifying for relief 11
under this subsection. 12
(2) A petition may be filed following the conviction of the perpetrator of the acts in 13
subsection (1) of this section. 14
(3) The petition may be filed in the victim's county of residence or a county where the 15
victim has fled to escape the crimes listed in subsection (1) of this section. 16
(4) The petition shall be verified and contain: 17
(a) The name, age, address, occupation, residence, and school or postsecondary 18
institution of the petitioner, if applicable; 19
(b) The name, age, address, occupation, residence, and school or postsecondary 20
institution of the person or persons, if applicable, who have engaged in the 21
alleged act or acts complained of in the petition; 22
(c) The facts and circumstances which constitute the basis for the petition; and 23
(d) The names, ages, and addresses of the petitioner's minor children, if 24
applicable. 25
(5) The petition shall be filed on forms prescribed by the Administrative Office of the 26
Courts and provided to the person seeking relief by the circuit clerk or by another 27 UNOFFICIAL COPY 22 RS BR 1999
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individual authorized by the court to provide and verify petitions in emergency 1
situations, such as law enforcement officers, Commonwealth's or county 2
attorneys, and regional rape crisis centers or domestic violence shelters. 3
(6) All petitions requested, completed, and signed by persons seeking protection 4
under Sections 1 to 5 of this Act shall be accepted and filed with the court. 5
(7) (a) Jurisdiction over petitions filed under this Sections 1 to 5 of this Act shall be 6
concurrent between the District Court and Circuit Court. 7
(b) The Court of Justice may authorize by rule that petitions in a specific 8
county be filed in accordance with a supplemental jurisdictional protocol 9
adopted for that county. This protocol may provide for petitions to be filed 10
in or transferred to a court other than those specified in paragraph (a) of 11
this subsection. 12
(8) Any judge to whom a petition is referred under subsection (6) of this section shall 13
have full authority to review and hear a petition and subsequently grant and 14
enforce a lifetime protective order. 15
(9) If the judge of a court in which there is a pending request for modification or 16
enforcement of an existing lifetime protective order is unavailable or unable to 17
act within a reasonable time, the proceedings may be conducted by any judge of 18
the county in accordance with court rules. 19
SECTION 2. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) (a) The court shall review a petition for a lifetime protective order within seven 22
(7) days of a petition. If the review indicates that the acts listed in subsection 23
(1) of Section 1 of this Act, dating violence and abuse, or domestic violence 24
and abuse occurred, the court shall summon the parties to an evidentiary 25
hearing not more than fourteen (14) days in the future. If the review 26
indicates that such a basis does not exist, the court may consider an 27 UNOFFICIAL COPY 22 RS BR 1999
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amended petition or dismiss the petition without prejudice. 1
(b) Service of the summons and hearing order under this subsection shall be 2
made upon the adverse party personally and may be made in the manner 3
and by the persons authorized to serve subpoenas under Rule 45.03 of the 4
Rules of Civil Procedure. A summons may be reissued if service has not 5
been made on the adverse party by the fixed court date and time. 6
(2) If an order is not issued under this subsection, the court shall note on the 7
petition, for the record, any action taken or denied and the reason for it. 8
SECTION 3. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 9
READ AS FOLLOWS: 10
(1) Prior to or at a hearing on a petition for a lifetime protective order: 11
(a) The court may obtain the respondent's Kentucky criminal and protective 12
order history and utilize that information to assess what relief and which 13
sanctions may protect against danger to the petitioner or other person for 14
whom protection is being sought, with the information so obtained being 15
provided to the parties in accordance with the Rules of Civil Procedure; and 16
(b) If the petitioner or respondent is a minor, the court shall inquire whether 17
the parties attend school in the same school system to assist the court in 18
imposing conditions in the order that have the least disruption in the 19
administration of education to the parties while providing appropriate 20
protection to the petitioner. 21
(2) (a) If the adverse party is not present at the hearing ordered pursuant to 22
Section 2 of this Act and has not been served, the court shall direct the 23
issuance of a new summons for a hearing set not more than fourteen (14) 24
days in the future. If service has not been made on the adverse party before 25
that hearing or a subsequent hearing, the court shall continue the hearing 26
and issue a new summons with a new date and time for the hearing to 27 UNOFFICIAL COPY 22 RS BR 1999
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occur, which shall be within fourteen (14) days of the originally scheduled 1
date for the continued hearing. The court shall repeat the process of 2
continuing the hearing and reissuing a new summons until the adverse 3
party is served in advance of the scheduled hearing. If service has not been 4
made on the respondent at least seventy-two (72) hours prior to the 5
scheduled hearing, the court may continue the hearing no more than 6
fourteen (14) days in the future. In issuing the summons, the court shall 7
simultaneously transmit a copy of the summons or notice of its issuance 8
and provisions to the petitioner. 9
(b) The provisions of this section permitting the continuance of a lifetime 10
protective order shall be limited to six (6) months from the filing date of the 11
original petition. 12
SECTION 4. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) Following a hearing ordered under Section 2 of this Act, if a court finds by a 15
preponderance of the evidence that the acts listed in subsection (1) of Section 1 of 16
this Act, dating violence and abuse, or domestic violence and abuse occurred, the 17
court may issue a lifetime protective order: 18
(a) Restraining the adverse party from: 19
1. Committing further acts listed in subsection (1) of Section 1 of this 20
Act, dating violence and abuse, or domestic violence and abuse; 21
2. Any unauthorized contact or communication with the petitioner or 22
other person specified by the court; 23
3. Approaching the petitioner or other person specified by the court 24
within a distance specified in the order, not to exceed five hundred 25
(500) feet; 26
4. Going to or within a specified distance of a specifically described 27 UNOFFICIAL COPY 22 RS BR 1999
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residence, school, or place of employment or area where such a place 1
is located; and 2
5. Disposing of or damaging any of the property of the parties; 3
(b) Directing or prohibiting any other actions that the court believes will be of 4
assistance in eliminating future acts listed in subsection (1) of Section 1 of 5
this Act, dating violence and abuse, or domestic violence and abuse, except 6
that the court shall not order the petitioner to take any affirmative action. 7
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, 8
the court shall: 9
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 10
the issue of the locations and areas from which the respondent should or 11
should not be excluded; 12
(b) Only impose a location restriction where there is a specific, demonstrable 13
danger to the petitioner or other person protected by the order; 14
(c) Specifically describe in the order the locations or areas prohibited to the 15
respondent; and 16
(d) Consider structuring a restriction so as to allow the respondent transit 17
through an area if the respondent does not interrupt his or her travel to 18
harass, harm, or attempt to harass or harm the petitioner. 19
SECTION 5. A NEW SECTION OF KRS CHAPTER 456 IS CREATED TO 20
READ AS FOLLOWS: 21
(1) A lifetime protective order shall become effective and binding on the respondent 22
when the respondent is given notice of the existence and terms of the order by a 23
peace officer or the court or upon personal service of the order, whichever is 24
earlier. A peace officer or court giving notice of an unserved order shall make all 25
reasonable efforts to arrange for the order's personal service upon the 26
respondent. Once effective, a peace officer or the court may enforce the order's 27 UNOFFICIAL COPY 22 RS BR 1999
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terms and act immediately upon their violation. 1
(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for 2
any filing, hearing, service, or order authorized by or required to implement 3
Sections 1 to 5 of this Act. 4
(3) A court shall not require mediation, conciliation, or counseling prior to or as a 5
condition of issuing a lifetime protective order. 6
(4) Mutual protective orders may be issued only if: 7
(a) Separate petitions have been filed by both parties; and 8
(b) The orders are written with sufficient specificity to allow any peace officer 9
to identify which party has violated the order. 10
(5) (a) Upon proper filing of a motion, either party may seek to amend a lifetime 11
protective order. 12
(b) An individual who received a lifetime protective order as a minor may, upon 13
reaching the age of majority, petition for a review of the original petition. 14
(6) Testimony offered by an adverse party in a hearing ordered pursuant to Section 2 15
of this Act shall not be admissible in any criminal proceeding involving the same 16
parties except for purposes of impeachment. 17
(7) The Court of Justice, Commonwealth's and county attorneys, law enforcement 18
agencies, and victim services organizations may jointly operate a lifetime 19
protective order intake center to assist persons who apply for relief under 20
Sections 1 to 5 of this Act. 21
(8) A person's right to apply for relief under Sections 1 to 5 of this Act shall not be 22
affected by that person leaving his or her residence to avoid acts listed in 23
subsection (1) of Section 1 of this Act, dating violence and abuse, or domestic 24
violence and abuse. 25
(9) A court shall order the omission or deletion of the petitioner's address and the 26
address of any minor children from any orders or documents to be made 27 UNOFFICIAL COPY 22 RS BR 1999
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available to the public or to any person who engaged in the acts complained of in 1
the petition. 2
(10) (a) If a petition under Sections 1 to 5 of this Act did not result in the issuance 3
of a lifetime protective order, the court in which the petition was heard may, 4
for good cause shown, order the expungement of the records of the case if: 5
1. Six (6) months have elapsed since the case was dismissed; and 6
2. During the six (6) months preceding the expungement request, the 7
respondent has not been bound by an order of protection issued for 8
the protection of any person, including an order of protection as 9
defined in KRS 403.720. 10
(b) As used in this subsection, "expungement" has the same meaning as in 11
KRS 431.079. 12
Section 6. KRS 456.010 is amended to read as follows: 13
As used in this chapter: 14
(1) "Dating relationship" means a relationship between individuals who have or have 15
had a relationship of a romantic or intimate nature. It does not include a casual 16
acquaintanceship or ordinary fraternization in a business or social context. The 17
following factors may be considered in addition to any other relevant factors in 18
determining whether the relationship is or was of a romantic or intimate nature: 19
(a) Declarations of romantic interest; 20
(b) The relationship was characterized by the expectation of affection; 21
(c) Attendance at social outings together as a couple; 22
(d) The frequency and type of interaction between the persons, including whether 23
the persons have been involved together over time and on a continuous basis 24
during the course of the relationship; 25
(e) The length and recency of the relationship; and 26
(f) Other indications of a substantial connection that would lead a reasonable 27 UNOFFICIAL COPY 22 RS BR 1999
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person to understand that a dating relationship existed; 1
(2) "Dating violence and abuse" means physical injury, serious physical injury, stalking, 2
sexual assault, strangulation, or the infliction of fear of imminent physical injury, 3
serious physical injury, sexual abuse, strangulation, or assault occurring between 4
persons who are or have been in a dating relationship; 5
(3) "Domestic violence and abuse" has the same meaning as in KRS 403.720; 6
(4)[(3)] "Foreign protective order" means any judgment, decree, or order of protection 7
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 which was 8
not issued on the basis of domestic violence and abuse; 9
(5)[(4)] "Global positioning monitoring system" means a system that electronically 10
determines a person's location through a device worn by the person which does not 11
invade his or her bodily integrity and which transmits the person's latitude and 12
longitude data to a monitoring entity; 13
(6)[(5)] "Lifetime order of protection" means an order of protection granted for the 14
petitioners lifetime, or until the petitioner motions to end the lifetime protective 15
order; 16
(7) "Order of protection" means any interpersonal protective order, including those 17
issued on a temporary basis, and includes a foreign protective order; 18
(8)[(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
(9)[(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
(10)[(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 BR 1999
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strangulation; and 1
(11)[(9)] "Substantial violation" means criminal conduct which involves actual or 2
threatened harm to the person, family, or property of an individual protected by an 3
order of protection. 4
Section 7. KRS 456.020 is amended to read as follows: 5
(1) This chapter shall be interpreted to: 6
(a) Allow victims to obtain effective[, short-term] protection against further 7
wrongful conduct in order that their lives may be as secure and as 8
uninterrupted as possible; 9
(b) Expand the ability of law enforcement officers to effectively respond to 10
further wrongful conduct so as to prevent future incidents and to provide 11
assistance to the victims; 12
(c) Provide peace officers with the authority to immediately apprehend and 13
charge for violation of an order of protection any person whom the officer has 14
probable cause to believe has violated an order of protection and to provide 15
courts with the authority to conduct contempt of court proceedings for these 16
violations; 17
(d) Provide for the collection of data concerning incidents of dating violence and 18
abuse, sexual assault, strangulation, and stalking in order to develop a 19
comprehensive analysis of the numbers and causes of such incidents; and 20
(e) Supplement and not repeal or supplant any duties, responsibilities, services, or 21
penalties under KRS Chapters 209, 209A, and 620. 22
(2) Nothing in this chapter is intended to trigger the application of the provisions of 18 23
U.S.C sec. 922(g) as to an interpersonal protective order issued on the basis of the 24
existence of a current or previous dating relationship. 25
Section 8. KRS 456.080 is amended to read as follows: 26
If the petitioner or respondent to an interpersonal protective order or lifetime protective 27 UNOFFICIAL COPY 22 RS BR 1999
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order initiates an action under KRS Chapter 403, the party initiating the action shall make 1
known to the court the existence and status of any interpersonal protective orders or a 2
lifetime protective order, which shall remain effective and enforceable until superseded 3
by order of the court in which the KRS Chapter 403 case is filed. 4
Section 9. KRS 456.090 is amended to read as follows: 5
(1) A court issuing an interpersonal protective order or lifetime protective order shall 6
direct the appropriate law enforcement agency to assist the petitioner in having the 7
provisions of the order complied with. 8
(2) When a law enforcement officer has reason to suspect that a person has been the 9
victim of dating violence and abuse, sexual assault, or stalking, the officer shall use 10
all reasonable means to provide assistance to the victim, including but not limited 11
to: 12
(a) Remaining at the location of the call for assistance so long as the officer 13
reasonably suspects there is danger to the physical safety of individuals there 14
without the presence of a law enforcement officer; 15
(b) Assisting the victim in obtaining medical treatment, including transporting the 16
victim to the nearest medical facility capable of providing the necessary 17
treatment; and 18
(c) Advising the victim immediately of the rights available to them, including the 19
provisions of this chapter. 20
(3) Orders of protection shall be enforced in any county of the Commonwealth. 21
(4) Officers acting in good faith under this chapter shall be immune from criminal and 22
civil liability. 23
Section 10. KRS 456.100 is amended to read as follows: 24
(1) Upon a petitioner's request and after an evidentiary hearing, a court may amend an 25
interpersonal protective order or a lifetime protective order to require a respondent 26
to participate in a global positioning monitoring system if: 27 UNOFFICIAL COPY 22 RS BR 1999
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(a) The respondent has committed a substantial violation of a previously entered 1
interpersonal protective order or lifetime protective order; 2
(b) The court has reviewed an updated history of the respondent's Kentucky 3
criminal and protective order history; and 4
(c) The court makes a factual determination that the use of a global positioning 5
monitoring system would increase the petitioner's safety. 6
(2) An order requiring participation in a global positioning monitoring system shall: 7
(a) Require the respondent to pay the cost of participation up to the respondent's 8
ability to pay, with the system operator bearing any uncovered costs for 9
indigent respondents; 10
(b) State with specificity the locations or areas where the respondent is prohibited 11
from being located or persons with whom the respondent shall have no 12
contact; 13
(c) Include the date that the order expires, which shall be no longer than the 14
expiration date of the underlying interpersonal protective order or lifetime 15
protective order, although participation may be extended if the underlying 16
order is extended; 17
(d) Require the entity that operates the monitoring system to immediately notify 18
the petitioner, the local law enforcement agency named in the order, and the 19
court if a respondent violates the order; and 20
(e) Include any other information as the court deems appropriate. 21
(3) The Administrative Office of the Courts shall prepare a publicly available 22
informational pamphlet containing information on the method of applying for, 23
hearing, amending, and terminating an order requiring participation in a global 24
positioning monitoring system. 25
(4) (a) The Supreme Court may establish by rule a sliding scale of payment 26
responsibility for indigent defendants for use in establishing required 27 UNOFFICIAL COPY 22 RS BR 1999
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payments under subsection (2) of this section. 1
(b) A person, county, or other organization may voluntarily agree to pay all or a 2
portion of a respondent's monitoring costs specified in this section. 3
(5) An order requiring participation in a global positioning monitoring system may be 4
shortened or vacated by the court either: 5
(a) Upon request of the petitioner; or 6
(b) Upon request of the respondent after an evidentiary hearing, if the respondent 7
has not violated the order and: 8
1. Three (3) months have elapsed since the entry of the order; and 9
2. No previous request has been made by the respondent in the previous six 10
(6) months. 11
(6) A respondent who fails to wear, removes, tampers with, or destroys a global 12
positioning monitoring system device in contravention of an order entered under 13
this section shall be guilty of a Class D felony. 14
Section 11. KRS 456.110 is amended to read as follows: 15
(1) All forms, affidavits, and orders of protection issued or filed pursuant to this chapter 16
which require entry into the Law Information Network of Kentucky shall be entered 17
on forms prescribed by the Administrative Office of the Courts after consultation 18
with the Justice and Public Safety Cabinet. If the provisions of an interpersonal 19
protective order or lifetime protective order are contained in an order which is 20
narrative in nature, the prescribed form shall be used in addition to the narrative 21
order. 22
(2) The circuit clerk, in cooperation with the court, shall cause a copy of each summons 23
or order issued pursuant to this chapter, or foreign protective order, fully completed 24
and authenticated pursuant to this chapter, to be forwarded, by the most expedient 25
means reasonably available and within twenty-four (24) hours following its filing 26
with the clerk, to the appropriate agency designated for entry of interpersonal 27 UNOFFICIAL COPY 22 RS BR 1999
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protective order or lifetime protective order records into the Law Information 1
Network of Kentucky and to the agency assigned service. Any order or court record 2
superseding, modifying, or otherwise affecting the status of an earlier summons or 3
order shall likewise be forwarded by the circuit clerk to the appropriate Law 4
Information Network of Kentucky entering agency and to the agency assigned 5
service, if service is required. The clerk and the court shall comply with all 6
provisions and guidelines of the Law Information Network of Kentucky for entry of 7
the records. 8
(3) Each agency designated for entry of summonses and orders issued pursuant to this 9
chapter, or foreign protective orders authenticated pursuant to this chapter, into the 10
Law Information Network of Kentucky shall, consistent with the provisions and 11
guidelines of the Law Information Network of Kentucky, enter the records 12
immediately upon receipt of copies forwarded to the agency in accordance with 13
subsection (2) of this section. 14
Section 12. KRS 456.130 is amended to read as follows: 15
(1) In order to assist a court of another state in determining whether an order issued 16
under this chapter is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265: 17
(a) All interpersonal protective orders or lifetime protective orders shall include a 18
statement certifying that the issuing court had jurisdiction over the parties and 19
the matter, and that reasonable notice and opportunity to be heard has been 20
given to the person against whom the order is sought sufficient to protect that 21
person's right to due process; and 22
(b) All temporary interpersonal protective orders shall include a statement 23
certifying that notice and opportunity to be heard has been provided within the 24
time required by state law, and in any event within a reasonable time after the 25
order is issued, sufficient to protect the respondent's due process rights. 26
(2) The Administrative Office of the Courts shall prescribe the form to be used for the 27 UNOFFICIAL COPY 22 RS BR 1999
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purposes of this section. 1
Section 13. KRS 456.140 is amended to read as follows: 2
(1) A copy of a foreign protective order may be filed in the office of the clerk of any 3
court of competent jurisdiction of this state. A foreign protective order so filed shall 4
have the same effect and shall be enforced in the same manner as an interpersonal 5
protective order or a lifetime protective order issued by a court of this state. 6
(2) (a) At the time of the filing of the foreign protective order, the person filing the 7
order shall file with the clerk of the court an affidavit on a form prescribed 8
and provided by the Administrative Office of the Courts. The affidavit shall 9
set forth the name, city, county, and state or other jurisdiction of the issuing 10
court. The person shall certify in the affidavit the validity and status of the 11
foreign protective order, and attest to the person's belief that the order has not 12
been amended, rescinded, or superseded by any orders from a court of 13
competent jurisdiction. All foreign protective orders presented with a 14
completed and signed affidavit shall be accepted and filed. 15
(b) The affidavit signed by the applicant shall have space where the reviewing 16
judge shall place information necessary to allow the order's entry into the Law 17
Information Network of Kentucky in the same manner as a Kentucky order. 18
(3) (a) If the person seeking to file the order presents a copy of the foreign protective 19
order which is current by the terms of the order and has been certified by the 20
clerk or other authorized officer of the court which issued it, the circuit clerk 21
shall present it to the District Judge or Circuit Judge, who shall read the order 22
and enter on the affidavit the information necessary to allow the order's entry 23
into the Law Information Network of Kentucky. The order shall not be subject 24
to further verification and shall be accepted as authentic, current, and subject 25
to full faith and credit. 26
(b) If the order presented is current by the terms of the order but is not certified in 27 UNOFFICIAL COPY 22 RS BR 1999
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the manner specified in paragraph (a) of this subsection, the circuit clerk shall 1
present the order and the affidavit to the District or Circuit Judge, who shall 2
read the order and enter on the affidavit the information necessary to allow the 3
order's entry into the Law Information Network of Kentucky. The order shall 4
be subject to full faith and credit in the same manner as a Kentucky 5
interpersonal protective order or a lifetime protective order, but shall be 6
subject to verification by the circuit clerk. The order shall be valid for a period 7
of fourteen (14) days and may be renewed once for a period of fourteen (14) 8
days if the circuit clerk has not received a certified copy of the order from the 9
issuing jurisdiction. The clerk shall treat the foreign protective order in the 10
same manner as an interpersonal protective order or a lifetime protective 11
order of this state issued pursuant to KRS 456.060, except that no service on 12
the adverse party shall be required pursuant to 18 U.S.C. sec. 2265. 13
(c) Upon the filing of an uncertified foreign protective order, the circuit clerk 14
shall, within two (2) business days, contact the issuing court to request a 15
certified copy of the order. If the certified copy of the order is received by the 16
circuit clerk within the initial fourteen (14) day period, the clerk shall cause 17
the information that certification has been received to be entered into the Law 18
Information Network of Kentucky and shall notify the applicant for the order 19
of the fact of its certification. A facsimile copy of a certified foreign protective 20
order shall be grounds for the issuance of an interpersonal protective order or 21
a lifetime protective order. 22
(d) If the clerk has not received a certified copy of the foreign protective order 23
within ten (10) days, the clerk shall notify the court and the applicant that the 24
order has not been received. The notice to the applicant, on a form prepared by 25
the Administrative Office of the Courts, shall state that the foreign protective 26
order will be extended for another fourteen (14) days, but will be dismissed at 27 UNOFFICIAL COPY 22 RS BR 1999
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the expiration of that time. If the clerk informs the judge in writing that the 1
certified foreign protective order has been requested but has not yet been 2
received, the judge shall extend the foreign protective order for a period of 3
fourteen (14) days. If certification of the foreign protective order is not 4
received within twenty-eight (28) days, the foreign protective order shall 5
expire and shall not be reissued. If the applicant meets the qualifications for 6
the issuance of a Kentucky interpersonal protective order or a lifetime 7
protective order, the court may, upon proper application and showing of 8
evidence, issue a Kentucky order in accordance with this chapter. 9
(4) The right of a person filing a foreign protective order to bring an action to enforce 10
the order instead of proceeding under this chapter remains unimpaired. 11
Section 14. KRS 456.150 is amended to read as follows: 12
(1) Upon ex parte review of the foreign protective order and the affidavit filed pursuant 13
to KRS 456.140, and after determining the order is entitled to full faith and credit in 14
this Commonwealth pursuant to 18 U.S.C. sec. 2265, the court shall declare the 15
order to be authenticated and record the finding on the affidavit. 16
(2) If the court declares the order to be authenticated, the court shall: 17
(a) Direct the appropriate law enforcement agency to assist the petitioner in 18
having the provisions of the order complied with, if applicable; and 19
(b) Order its enforcement in any county of the Commonwealth in the same 20
manner as an interpersonal protective order of this state issued pursuant to 21
KRS 456.060 or a lifetime protective order. 22
(3) The clerk shall notify the person who filed the foreign protective order of the 23
decision of the court and provide the person a certified copy of the affidavit 24
declaring the authentication of the order. 25
Section 15. KRS 456.180 is amended to read as follows: 26
(1) Violation of the terms or conditions of an order of protection after the person has 27 UNOFFICIAL COPY 22 RS BR 1999
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been served or given notice of the order shall constitute contempt of court and a 1
criminal offense under this section. Once a criminal or contempt proceeding has 2
been initiated, the other shall not be undertaken regardless of the outcome of the 3
original proceeding. 4
(2) (a) Court proceedings for contempt of court for violation of an order of protection 5
shall be held in the county where the order was issued or filed. 6
(b) Court proceedings for a criminal violation of an order of protection shall 7
follow the rules of venue applicable to criminal cases generally. 8
(3) Nothing in this section shall preclude the Commonwealth from prosecuting and 9
convicting the respondent of criminal offenses other than violation of an order of 10
protection. 11
(4) (a) A person is guilty of a violation of an order of protection when he or she 12
intentionally violates the provisions of an interpersonal protective order or a 13
lifetime protective order after the person has been served or given notice of 14
the order. 15
(b) Violation of an order of protection is a Class A misdemeanor. 16