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AN ACT relating to protective orders. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 403.740 is amended to read as follows: 3
(1) Following a hearing ordered under KRS 403.730, if a court finds by a 4
preponderance of the evidence that domestic violence and abuse has occurred and 5
may again occur, the court may issue a domestic violence order: 6
(a) Restraining the adverse party from: 7
1. Committing further acts of domestic violence and abuse; 8
2. Any unauthorized contact or communication with the petitioner or other 9
person specified by the court; 10
3. Approaching the petitioner or other person specified by the court within 11
a distance specified in the order, not to exceed five hundred (500) feet; 12
4. Going to or within a specified distance of a specifically described 13
residence, school, or place of employment or area where such a place is 14
located;[ and] 15
5. Disposing of or damaging any of the property of the parties; and 16
6. Using or possessing a firearm or other weapon specified by the court. 17
If a court restrains a person from possessing weapons, it shall make 18
additional findings pursuant to subsection (5) of this section; 19
(b) Authorizing, at the request of the petitioner: 20
1. Limited contact or communication between the parties that the court 21
finds necessary; or 22
2. The parties to remain in a common area, which may necessitate them 23
being closer than five hundred (500) feet under limited circumstances 24
with specific parameters set forth by the court. 25
Nothing in this paragraph shall be interpreted to place any restriction or 26
restraint on the petitioner; 27 UNOFFICIAL COPY 23 RS BR 1470
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(c) Directing or prohibiting any other actions that the court believes will be of 1
assistance in eliminating future acts of domestic violence and abuse, except 2
that the court shall not order the petitioner to take any affirmative action; 3
(d) Directing that either or both of the parties receive counseling services 4
available in the community in domestic violence and abuse cases; and 5
(e) Additionally, if applicable: 6
1. Directing the adverse party to vacate a residence shared by the parties to 7
the action; 8
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, 9
grant temporary custody, subject to KRS 403.315; 10
3. Utilizing the criteria set forth in KRS 403.211, 403.212, 403.2121, and 11
403.213, award temporary child support; and 12
4. Awarding possession of any shared domestic animal to the petitioner. 13
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the 14
court shall: 15
(a) Afford the petitioner and respondent, if present, an opportunity to testify on 16
the issue of the locations and areas from which the respondent should or 17
should not be excluded; 18
(b) Only impose a location restriction where there is a specific, demonstrable 19
danger to the petitioner or other person protected by the order; 20
(c) Specifically describe in the order the locations or areas prohibited to the 21
respondent; and 22
(d) Consider structuring a restriction so as to allow the respondent transit through 23
an area if the respondent does not interrupt his or her travel to harass, harm, or 24
attempt to harass or harm the petitioner. 25
(3) When temporary child support is granted under this section, the court shall enter an 26
order detailing how the child support is to be paid and collected. Child support 27 UNOFFICIAL COPY 23 RS BR 1470
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ordered under this section may be enforced utilizing the same procedures as any 1
other child support order. 2
(4) A domestic violence order shall be effective for a period of time fixed by the court, 3
not to exceed three (3) years, and may be reissued upon expiration for subsequent 4
periods of up to three (3) years each. The fact that an order has not been violated 5
since its issuance may be considered by a court in hearing a request for a reissuance 6
of the order. 7
(5) (a) A court shall make a finding of at least one (1) of the following factors, by 8
clear and convincing evidence, in order to restrain the respondent from 9
possessing a firearm or other weapon: 10
1. The use or threatened use of a deadly weapon by the respondent or a 11
pattern of prior conduct involving the use or threatened use of 12
violence with a firearm against persons; 13
2. Threats to seriously injure or kill the petitioner made by the 14
respondent; 15
3. Threats to commit suicide made by the respondent; or 16
4. Serious injuries inflicted upon the petitioner by the respondent. 17
(b) In its discretion, a court may make these findings in the same hearing in 18
which the domestic violence order was issued, or in a separate hearing at a 19
later date if either party requests. If the court decides to hold a separate 20
hearing it shall be held within ten (10) days of the hearing in which the 21
domestic violence order was issued. 22
(6) If a court makes a finding of one (1) of the factors provided in subsection (5) of 23
this section, the court shall order the respondent to surrender any firearms or 24
other specified weapons in his or her possession within twenty-four (24) hours to 25
local law enforcement. Law enforcement shall keep custody of the firearms or 26
weapons for the duration of the order of protection or until the court that ordered 27 UNOFFICIAL COPY 23 RS BR 1470
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the surrender orders the release of the firearms. 1
(7) The provisions of subsection (5) and (6) of this section shall become effective 2
immediately upon, and to the extent permitted by, the occurrence of any decision 3
of the Sixth Circuit Court of Appeals which upholds, in whole or in part, United 4
States v. Combs, Criminal Action 5: 22-136-DCR (E.D. Ky. Feb. 2, 2023). 5
Section 2. KRS 456.060 is amended to read as follows: 6
(1) Following a hearing ordered under KRS 456.040, if a court finds by a 7
preponderance of the evidence that dating violence and abuse, sexual assault, or 8
stalking has occurred and may again occur, the court may issue an interpersonal 9
protective order: 10
(a) Restraining the adverse party from: 11
1. Committing further acts of dating violence and abuse, stalking, or sexual 12
assault; 13
2. Any unauthorized contact or communication with the petitioner or other 14
person specified by the court; 15
3. Approaching the petitioner or other person specified by the court within 16
a distance specified in the order, not to exceed five hundred (500) feet; 17
4. Going to or within a specified distance of a specifically described 18
residence, school, or place of employment or area where such a place is 19
located;[ and] 20
5. Disposing of or damaging any of the property of the parties; and 21
6. Using or possessing a firearm or other weapon specified by the court. 22
If a court restrains a person from possessing weapons, it shall make 23
additional findings pursuant to subsection (4) of this section; 24
(b) Authorizing, at the request of the petitioner: 25
1. Limited contact or communication between the parties that the court 26
finds necessary; or 27 UNOFFICIAL COPY 23 RS BR 1470
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2. The parties to remain in a common area, which may necessitate them 1
being closer than five hundred (500) feet under limited circumstances 2
with specific parameters set forth by the court. 3
Nothing in this paragraph shall be interpreted to place any restriction or 4
restraint on the petitioner; 5
(c) Directing or prohibiting any other actions that the court believes will be of 6
assistance in eliminating future acts of dating violence and abuse, stalking, or 7
sexual assault, except that the court shall not order the petitioner to take any 8
affirmative action; 9
(d) Directing that either or both of the parties receive counseling services 10
available in the community in dating violence and abuse cases; and 11
(e) 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) An interpersonal protective order shall be effective for a period of time fixed by the 25
court, not to exceed three (3) years, and may be reissued upon expiration for 26
subsequent periods of up to three (3) years each. The fact that an order has not been 27 UNOFFICIAL COPY 23 RS BR 1470
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violated since its issuance may be considered by a court in hearing a request for a 1
reissuance of the order. 2
(4) (a) A court shall make a finding of at least one (1) of the following factors, by 3
clear and convincing evidence, in order to restrain the respondent from 4
possessing a firearm or other weapon: 5
1. The use or threatened use of a deadly weapon by the respondent or a 6
pattern of prior conduct involving the use or threatened use of 7
violence with a firearm against persons; 8
2. Threats to seriously injure or kill the petitioner made by the 9
respondent; 10
3. Threats to commit suicide made by the respondent; or 11
4. Serious injuries inflicted upon the petitioner by the respondent. 12
(b) In its discretion, a court may make these findings in the same hearing in 13
which the interpersonal protective order was issued, or in a separate 14
hearing at a later date if either party requests. If the court decides to hold a 15
separate hearing it shall be held within ten (10) days of the hearing in 16
which the domestic violence order was issued. 17
(5) If a court makes a finding of one of the factors provided in subsection (4) of this 18
section, the court shall order the respondent to surrender any firearms or other 19
specified weapons in his or her possession within twenty-four (24) hours to local 20
law enforcement. Law enforcement shall keep custody of the firearms or weapons 21
for the duration of the order of protection or until the court that ordered the 22
surrender orders the release of the firearms. 23
(6) The provisions of subsection (4) and (5) of this section shall become effective 24
immediately upon, and to the extent permitted by, the occurrence of any decision 25
of the Sixth Circuit Court of Appeals which upholds, in whole or in part, United 26
States v. Combs, Criminal Action 5: 22-136-DCR (E.D. Ky. Feb. 2, 2023). 27