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AN ACT relating to petitions for orders of protection. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 403.725 is amended to read as follows: 3
(1) A petition for an order of protection may be filed by: 4
(a) A victim of domestic violence and abuse; or 5
(b) An adult on behalf of a victim who is a minor otherwise qualifying for relief 6
under this subsection. 7
(2) The petition may be filed in the victim's county of residence or a county where the 8
victim has fled to escape domestic violence and abuse. 9
(3) The petition shall be verified and contain: 10
(a) The name, age, address, occupation, residence, and school or postsecondary 11
institution of the petitioner; 12
(b) The name, age, address, occupation, residence, and school or postsecondary 13
institution of the person or persons who have engaged in the alleged act or 14
acts complained of in the petition; 15
(c) The facts and circumstances which constitute the basis for the petition; 16
(d) The date and place of the marriage of the parties, if applicable; and 17
(e) The names, ages, and addresses of the petitioner's minor children, if 18
applicable. 19
(4) The petition shall be filed on forms prescribed by the Administrative Office of the 20
Courts and provided to the person seeking relief by the circuit clerk or by another 21
individual authorized by the court to provide and verify petitions in emergency 22
situations, such as law enforcement officers, Commonwealth's or county attorneys, 23
and regional rape crisis centers or domestic violence shelters. 24
(5) All petitions requested, completed, and signed by persons seeking protection under 25
this chapter shall be accepted and filed with the court. 26
(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between 27 UNOFFICIAL COPY 25 RS BR 900
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the District Court and Circuit Court and a petition may be filed by a petitioner 1
in either court, except that a petition shall be filed in a family court if one has 2
been established in the county where the petition is filed. 3
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access 4
to orders of protection in each county with any protocol, whether statewide or 5
local, being subject to Supreme Court review and approval of the initial 6
protocol and any subsequent amendments. This protocol may allow for 7
petitions to be filed in or transferred to a court other than those specified in 8
paragraph (a) of this subsection. 9
(c) The Court of Justice may authorize by rule that petitions in a specific county 10
be filed in accordance with a supplemental jurisdictional protocol adopted for 11
that county. This protocol may provide for petitions to be filed in or 12
transferred to a court other than those specified in paragraph (a) of this 13
subsection. 14
(d) 1. In addition to the protocols for twenty-four (24) hour access established 15
under paragraphs (b) and (c) of this subsection, [before January 1, 2019, 16
]the Court of Justice shall provide protocols for filing, including 17
electronic filing, of petitions for orders of protection: 18
a. At those regional rape crisis centers designated under KRS 19
211.600, or regional domestic violence shelters designated under 20
KRS 209A.045, that elect to participate in any county's twenty-21
four (24) hour access protocol; and 22
b. By law enforcement officers. 23
2. These protocols shall be subject to Supreme Court review for approval 24
of the initial protocol and any subsequent amendments. 25
(7) Any judge to whom a petition is referred under subsection (6) of this section shall 26
have full authority to review and hear a petition and subsequently grant and enforce 27 UNOFFICIAL COPY 25 RS BR 900
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an order of protection. 1
(8) If the judge of a court in which there is a pending request for modification or 2
enforcement of an existing order of protection is unavailable or unable to act within 3
a reasonable time, the proceedings may be conducted by any judge of the county in 4
accordance with court rules. 5
Section 2. KRS 456.030 is amended to read as follows: 6
(1) A petition for an interpersonal protective order may be filed by: 7
(a) A victim of dating violence and abuse; 8
(b) A victim of stalking; 9
(c) A victim of sexual assault; or 10
(d) An adult on behalf of a victim who is a minor otherwise qualifying for relief 11
under this subsection. 12
(2) The petition may be filed in the victim's county of residence or a county where the 13
victim has fled to escape dating violence and abuse, stalking, or sexual assault. 14
(3) The petition shall be verified and contain: 15
(a) The name, age, address, occupation, residence, and school or postsecondary 16
institution of the petitioner; 17
(b) The name, age, address, occupation, residence, and school or postsecondary 18
institution of the person or persons who have engaged in the alleged act or 19
acts complained of in the petition; 20
(c) The facts and circumstances which constitute the basis for the petition; and 21
(d) The names, ages, and addresses of the petitioner's minor children, if 22
applicable. 23
(4) The petition shall be filed on forms prescribed by the Administrative Office of the 24
Courts and provided to the person seeking relief by the circuit clerk or by another 25
individual authorized by the court to provide and verify petitions in emergency 26
situations, such as law enforcement officers, Commonwealth's or county attorneys, 27 UNOFFICIAL COPY 25 RS BR 900
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and regional rape crisis centers or domestic violence shelters. 1
(5) All petitions requested, completed, and signed by persons seeking protection under 2
this chapter shall be accepted and filed with the court. 3
(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between 4
the District Court and Circuit Court. 5
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access 6
to interpersonal protective orders in each county with any protocol, whether 7
statewide or local, being subject to Supreme Court review and approval of the 8
initial protocol and any subsequent amendments. This protocol may allow for 9
petitions to be filed in or transferred to a court other than those specified in 10
paragraph (a) of this subsection. 11
(c) The Court of Justice may authorize by rule that petitions in a specific county 12
be filed in accordance with a supplemental jurisdictional protocol adopted for 13
that county. This protocol may provide for petitions to be filed in or 14
transferred to a court other than those specified in paragraph (a) of this 15
subsection. 16
(d) 1. In addition to the protocols for twenty-four (24) hour access established 17
under paragraphs (b) and (c) of this subsection, [before January 1, 2019, 18
]the Court of Justice shall provide protocols for filing, including 19
electronic filing, of petitions for orders of protection: 20
a. At those regional rape crisis centers designated under KRS 21
211.600, or regional domestic violence shelters designated under 22
KRS 209A.045, that elect to participate in any county's twenty-23
four (24) hour access protocol; and 24
b. By law enforcement officers. 25
2. These protocols shall be subject to Supreme Court review for approval 26
of the initial protocol and any subsequent amendments. 27 UNOFFICIAL COPY 25 RS BR 900
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(7) Any judge to whom a petition is referred under subsection (6) of this section shall 1
have full authority to review and hear a petition and subsequently grant and enforce 2
an interpersonal protective order. 3
(8) If the judge of a court in which there is a pending request for modification or 4
enforcement of an existing order of protection is unavailable or unable to act within 5
a reasonable time, the proceedings may be conducted by any judge of the county in 6
accordance with court rules. 7