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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 403.270 is amended to read as follows: 3
(1) (a) As used in this chapter and KRS 405.020, unless the context requires 4
otherwise, "de facto custodian" means a person who has been shown by clear 5
and convincing evidence to have been the primary caregiver for, and financial 6
supporter of, a child who within the last two (2) years has resided with the 7
person for an aggregate period of six (6) months or more if the child is under 8
three (3) years of age and for an aggregate period of one (1) year or more if 9
the child is three (3) years of age or older or has been placed by the 10
Department for Community Based Services. Any period of time after a legal 11
proceeding has been commenced by a parent seeking to regain custody of the 12
child shall not be included in determining whether the child has resided with 13
the person for the required minimum period. 14
(b) A person shall not be a de facto custodian until a court determines by clear 15
and convincing evidence that the person meets the definition of de facto 16
custodian established in paragraph (a) of this subsection. Once a court 17
determines that a person meets the definition of de facto custodian, the court 18
shall give the person the same standing in custody matters that is given to 19
each parent under this section and KRS 403.280, 403.340, 403.350, 403.822, 20
and 405.020. 21
(2) The court shall determine custody in accordance with the best interests of the child 22
and equal consideration shall be given to each parent and to any de facto custodian. 23
[Subject to KRS 403.315, there shall be a presumption, rebuttable by a 24
preponderance of evidence, that joint custody and equally shared parenting time is 25
in the best interest of the child. If a deviation from equal parenting time is 26
warranted, ]The court shall construct a parenting time schedule which [maximizes 27 UNOFFICIAL COPY 25 RS BR 904
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the time each parent or de facto custodian has with the child and ]is consistent with 1
ensuring the child's welfare. The court shall consider all relevant factors, including: 2
(a) The wishes of the child's parent or parents, and any de facto custodian, as to 3
his or her custody; 4
(b) The wishes of the child as to his or her custodian, with due consideration 5
given to the influence a parent or de facto custodian may have over the child's 6
wishes; 7
(c) The interaction and interrelationship of the child with his or her parent or 8
parents, his or her siblings, and any other person who may significantly affect 9
the child's best interests; 10
(d) The motivation of the adults participating in the custody proceeding; 11
(e) The child's adjustment and continuing proximity to his or her home, school, 12
and community; 13
(f) The mental and physical health of all individuals involved; 14
(g) A finding by the court that domestic violence and abuse, as defined in KRS 15
403.720, has been committed by one (1) of the parties against a child of the 16
parties or against another party. The court shall determine the extent to which 17
the domestic violence and abuse has affected the child and the child's 18
relationship to each party, with due consideration given to efforts made by a 19
party toward the completion of any domestic violence treatment, counseling, 20
or program; 21
(h) The extent to which the child has been cared for, nurtured, and supported by 22
any de facto custodian; 23
(i) The intent of the parent or parents in placing the child with a de facto 24
custodian; 25
(j) The circumstances under which the child was placed or allowed to remain in 26
the custody of a de facto custodian, including whether the parent now seeking 27 UNOFFICIAL COPY 25 RS BR 904
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custody was previously prevented from doing so as a result of domestic 1
violence and abuse as defined in KRS 403.720 and whether the child was 2
placed with a de facto custodian to allow the parent now seeking custody to 3
seek employment, work, or attend school; and 4
(k) The likelihood a party will allow the child frequent, meaningful, and 5
continuing contact with the other parent or de facto custodian, except that the 6
court shall not consider this likelihood if there is a finding that the other 7
parent or de facto custodian engaged in domestic violence and abuse, as 8
defined in KRS 403.720, against the party or a child and that a continuing 9
relationship with the other parent will endanger the health or safety of either 10
that party or the child. 11
(3) The abandonment of the family residence by a custodial party shall not be 12
considered where said party was physically harmed or was seriously threatened 13
with physical harm by his or her spouse, when such harm or threat of harm was 14
causally related to the abandonment. 15
(4) If the court grants custody to a de facto custodian, the de facto custodian shall have 16
legal custody under the laws of the Commonwealth. 17
Section 2. KRS 403.280 is amended to read as follows: 18
(1) A party to a custody proceeding may move for a temporary custody order. The 19
motion must be supported by an affidavit as provided in KRS 403.350. The court 20
may award temporary custody under the standards of KRS 403.270 after a hearing, 21
or, if there is no objection, solely on the basis of the affidavits. If the parents or a de 22
facto custodian joined under subsection (8)[(9)] of this section present a temporary 23
custody agreement and mutually agreed plan for parenting time, and the court 24
confirms that the agreement adequately provides for the welfare of the child, the 25
agreement shall become the temporary custody order of the court. 26
(2) [Subject to KRS 403.315, in making an order for temporary custody, there shall be 27 UNOFFICIAL COPY 25 RS BR 904
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a presumption, rebuttable by preponderance of evidence, that it is in the best 1
interest of the child for the parents or a de facto custodian joined under subsection 2
(9) of this section to have temporary joint custody and share equally in parenting 3
time. 4
(3) If a deviation from equal parenting time is warranted, ]The court shall construct a 5
parenting time schedule which [maximizes the time each parent or de facto 6
custodian joined under subsection (9) of this section has with the child and ]is 7
consistent with ensuring the child's welfare. 8
(3)[(4)] Each temporary custody order shall include specific findings of fact and 9
conclusions of law, except when the court confirms the agreement of the parties. 10
(4)[(5)] Any temporary custody order shall address the circumstance in which 11
physical possession of the child will be exchanged. 12
(5)[(6)] Modification of a temporary custody order may be sought when there is a 13
material and substantial change in the circumstances of the parents, de facto 14
custodian, or child. 15
(6)[(7)] If a proceeding for dissolution of marriage or legal separation is dismissed, 16
any temporary custody order is vacated unless a parent or the child's custodian 17
moves that the proceeding continue as a custody proceeding and the court finds, 18
after a hearing, that the circumstances of the parents and the best interests of the 19
child require that a custody decree be issued. 20
(7)[(8)] If a custody proceeding commenced in the absence of a petition for 21
dissolution of marriage or legal separation under KRS 403.822(1)(a) or (b) is 22
dismissed, any temporary custody order is vacated. 23
(8)[(9)] If a court determines by clear and convincing evidence that a person is a de 24
facto custodian, the court shall join that person in the action, as a party needed for 25
just adjudication under Rule 19 of the Kentucky Rules of Civil Procedure. 26
Section 3. KRS 403.315 is amended to read as follows: 27 UNOFFICIAL COPY 25 RS BR 904
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When determining or modifying a custody order pursuant to KRS 403.270, 403.280, 1
403.340, or 403.740, the court shall consider the safety and well-being of the parties and 2
of the children. [If a domestic violence order is being or has been entered against a party 3
by another party or on behalf of a child at issue in the custody hearing, the presumption 4
that joint custody and equally shared parenting time is in the best interest of the child 5
shall not apply as to the party against whom the domestic violence order is being or has 6
been entered. ]The court shall weigh all factors set out in KRS 403.270(2) in determining 7
the best interests[interest] of the child. 8
Section 4. KRS 403.320 is amended to read as follows: 9
(1) A parent not granted custody of the child [and not awarded shared parenting time 10
under the presumption specified in KRS 403.270(2), 403.280(2), or 403.340(5) ]is 11
entitled to reasonable visitation rights unless the court finds, after a hearing, that 12
visitation would endanger seriously the child's physical, mental, moral, or 13
emotional health. Upon request of either party, the court shall issue orders which 14
are specific as to the frequency, timing, duration, conditions, and method of 15
scheduling visitation and which reflect the development age of the child. 16
(2) If domestic violence and abuse, as defined in KRS 403.720, has been alleged, the 17
court shall, after a hearing, determine the visitation arrangement, if any, which 18
would not endanger seriously the child's or the custodial parent's physical, mental, 19
or emotional health. 20
(3) The court may modify an order granting or denying visitation rights whenever 21
modification would serve the best interests of the child; but the court shall not 22
restrict a parent's visitation rights unless it finds that the visitation would endanger 23
seriously the child's physical, mental, moral, or emotional health. 24
(4) Under circumstances where the court finds, by clear and convincing evidence, it is 25
in the best interest of the child, any relative, by blood or affinity, that was 26
previously granted temporary custody pursuant to the provisions of KRS 620.090 27 UNOFFICIAL COPY 25 RS BR 904
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may be granted reasonable noncustodial parental visitation rights by a Circuit Court 1
or Family Court as an intervenor or by original action. Once the relative has been 2
granted visitation pursuant to this subsection, those rights shall not be adversely 3
affected by the termination of custodial or parental rights of an individual who has 4
permanent custody of the child unless the court determines that termination of the 5
visitation rights are in the best interests of the child. The action shall be brought in 6
the county in which the temporary or permanent custody order was entered or 7
where the child resides. 8
Section 5. KRS 403.340 is amended to read as follows: 9
(1) As used in this section, "custody" means sole or joint custody, whether ordered by a 10
court or agreed to by the parties. 11
(2) No motion to modify a custody decree shall be made earlier than two (2) years after 12
its date, unless the court permits it to be made on the basis of affidavits that there is 13
reason to believe that: 14
(a) The child's present environment may endanger seriously his or her physical, 15
mental, moral, or emotional health; or 16
(b) The custodian appointed under the prior decree has placed the child with a de 17
facto custodian. 18
(3) If a court of this state has jurisdiction pursuant to the Uniform Child Custody 19
Jurisdiction Act, the court shall not modify a prior custody decree unless after 20
hearing it finds, upon the basis of facts that have arisen since the prior decree or that 21
were unknown to the court at the time of entry of the prior decree, that a change has 22
occurred in the circumstances of the child or his or her custodian, and that the 23
modification is necessary to serve the best interests of the child. When determining 24
if a change has occurred and whether a modification of custody is in the best 25
interests of the child, the court shall consider the following: 26
(a) Whether the custodian agrees to the modification; 27 UNOFFICIAL COPY 25 RS BR 904
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(b) Whether the child has been integrated into the family of the petitioner with 1
consent of the custodian; 2
(c) The factors set forth in KRS 403.270(2) to determine the best interests of the 3
child; 4
(d) Whether the child's present environment endangers seriously his or her 5
physical, mental, moral, or emotional health; 6
(e) Whether the harm likely to be caused by a change of environment is 7
outweighed by its advantages to him or her; and 8
(f) Whether the custodian has placed the child with a de facto custodian. 9
(4) In determining whether a child's present environment may endanger seriously his or 10
her physical, mental, moral, or emotional health, the court shall consider all 11
relevant factors, including, but not limited to: 12
(a) The interaction and interrelationship of the child with his or her parent or 13
parents, his or her de facto custodian, his or her siblings, and any other 14
person who may significantly affect the child's best interests; 15
(b) The mental and physical health of all individuals involved; 16
(c) Repeated or substantial failure, without good cause as specified in KRS 17
403.240, of either parent to observe visitation, child support, or other 18
provisions of the decree which affect the child, except that modification of 19
custody orders shall not be made solely on the basis of failure to comply with 20
visitation or child support provisions, or on the basis of which parent is more 21
likely to allow visitation or pay child support; 22
(d) If domestic violence and abuse, as defined in KRS 403.720, is found by the 23
court to exist, the extent to which the domestic violence and abuse has 24
affected the child and the child's relationship to both parents. 25
(5) [Subject to KRS 403.315, if the court orders a modification of a child custody 26
decree, there shall be a presumption, rebuttable by a preponderance of evidence, 27 UNOFFICIAL COPY 25 RS BR 904
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that it is in the best interest of the child for the parents to have joint custody and 1
share equally in parenting time. If a deviation from equal parenting time is 2
warranted, ]The court shall construct a parenting time schedule which [maximizes 3
the time each parent or de facto custodian has with the child and ]is consistent with 4
ensuring the child's welfare. 5
(6) Attorney fees and costs shall be assessed against a party seeking modification if the 6
court finds that the modification action is vexatious and constitutes harassment. 7
Section 6. KRS 403.720 is amended to read as follows: 8
As used in KRS 403.715 to 403.785: 9
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept 10
as a household pet, but does not include animals normally raised for agricultural or 11
commercial purposes; 12
(2) "Domestic violence and abuse" means: 13
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, 14
assault, or the infliction of fear of imminent physical injury, serious physical 15
injury, sexual assault, strangulation, or assault between family members or 16
members of an unmarried couple;[ or] 17
(b) A pattern of physical, sexual, emotional, economic, psychological, or 18
technological actions or threats of actions between family members or 19
members of an unmarried couple that is used by one (1) person to gain or 20
maintain power and control over another, including intimidation, 21
manipulation, humiliation, isolation, and coercion; or 22
(c) Any conduct prohibited under[by] KRS 525.125, 525.130, 525.135, or 23
525.137, or the infliction of fear of such imminent conduct, taken against a 24
domestic animal when used as a method of coercion, control, punishment, 25
intimidation, or revenge directed against a family member or member of an 26
unmarried couple who has a close bond of affection to the domestic animal; 27 UNOFFICIAL COPY 25 RS BR 904
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(3) "Family member" means a spouse, including a former spouse, a grandparent, a 1
grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living 2
in the same household as a child if the child is the alleged victim; 3
(4) "Foreign protective order" means any judgment, decree, or order of protection 4
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 that was 5
issued on the basis of domestic violence and abuse; 6
(5) "Global positioning monitoring system" means a system that electronically 7
determines a person's location through a device worn by the person which does not 8
invade his or her bodily integrity and which transmits the person's latitude and 9
longitude data to a monitoring entity; 10
(6) "Member of an unmarried couple" means each member of an unmarried couple 11
which allegedly has a child in common, any children of that couple, or a member of 12
an unmarried couple who are living together or have formerly lived together; 13
(7) "Order of protection" means an emergency protective order or a domestic violence 14
order and includes a foreign protective order; 15
(8) "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, or 16
sexual abuse under KRS Chapter 510 or incest under KRS 530.020, or a criminal 17
attempt, conspiracy, facilitation, or solicitation to commit rape, sodomy, sexual 18
abuse, or incest; 19
(9) "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 20
508.150, or a criminal attempt, conspiracy, facilitation, or solicitation to commit 21
the crime of stalking; 22
(10) "Strangulation" refers to conduct prohibited under[by] KRS 508.170 or[and] 23
508.175, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the 24
crime of strangulation; and 25
(11)[(10)] "Substantial violation" means criminal conduct which involves actual or 26
threatened harm to the person, family, or property, including a domestic animal, of 27 UNOFFICIAL COPY 25 RS BR 904
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an individual protected by an order of protection. 1
Section 7. KRS 403.725 is amended to read as follows: 2
(1) A petition for an order of protection may be filed by: 3
(a) A victim of domestic violence and abuse; or 4
(b) An adult on behalf of a victim who is a minor otherwise qualifying for relief 5
under this subsection. 6
(2) The petition may be filed in the victim's county of residence or a county where the 7
victim has fled to escape domestic violence and abuse. 8
(3) The petition shall be verified and contain: 9
(a) The name, age, address, occupation, residence, and school or postsecondary 10
institution of the petitioner; 11
(b) The name, age, address, occupation, residence, and school or postsecondary 12
institution of the person or persons who have engaged in the alleged act or 13
acts complained of in the petition; 14
(c) The facts and circumstances which constitute the basis for the petition; 15
(d) The date and place of the marriage of the parties, if applicable; and 16
(e) The names, ages, and addresses of the petitioner's minor children, if 17
applicable. 18
(4) The petition shall be filed on forms prescribed by the Administrative Office of the 19
Courts and provided to the person seeking relief by the circuit clerk or by another 20
individual authorized by the court to provide and verify petitions in emergency 21
situations, such as law enforcement officers, Commonwealth's or county attorneys, 22
and regional rape crisis centers or domestic violence shelters. 23
(5) All petitions requested, completed, and signed by persons seeking protection under 24
this chapter shall be accepted and filed with the court. 25
(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between 26
the District Court and Circuit Court and a petition may be filed by a petitioner 27 UNOFFICIAL COPY 25 RS BR 904
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in either court, except that a petition shall be filed in a family court if one has 1
been established in the county where the petition is filed. 2
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access 3
to orders of protection in each county with any protocol, whether statewide or 4
local, being subject to Supreme Court review and approval of the initial 5
protocol and any subsequent amendments. This protocol may allow for 6
petitions to be filed in or transferred to a court other than those specified in 7
paragraph (a) of this subsection. 8
(c) The Court of Justice may authorize by rule that petitions in a specific county 9
be filed in accordance with a supplemental jurisdictional protocol adopted for 10
that county. This protocol may provide for petitions to be filed in or 11
transferred to a court other than those specified in paragraph (a) of this 12
subsection. 13
(d) 1. In addition to the protocols for twenty-four (24) hour access established 14
under paragraphs (b) and (c) of this subsection, [before January 1, 2019, 15
]the Court of Justice shall provide protocols for filing, including 16
electronic filing, of petitions for orders of protection: 17
a. At those regional rape crisis centers designated under KRS 18
211.600, or regional domestic violence shelters designated under 19
KRS 209A.045, that elect to participate in any county's twenty-20
four (24) hour access protocol; and 21
b. By law enforcement officers. 22
2. These protocols shall be subject to Supreme Court review for approval 23
of the initial protocol and any subsequent amendments. 24
(7) Any judge to whom a petition is referred under subsection (6) of this section shall 25
have full authority to review and hear a petition and subsequently grant and enforce 26
an order of protection. 27 UNOFFICIAL COPY 25 RS BR 904
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(8) If the judge of a court in which there is a pending request for modification or 1
enforcement of an existing order of protection is unavailable or unable to act within 2
a reasonable time, the proceedings may be conducted by any judge of the county in 3
accordance with court rules. 4
Section 8. KRS 456.010 is amended to read as follows: 5
As used in this chapter: 6
(1) "Dating relationship" means a relationship between individuals who have or have 7
had a relationship of a romantic or intimate nature. It does not include a casual 8
acquaintanceship or ordinary fraternization in a business or social context. The 9
following factors may be considered in addition to any other relevant factors in 10
determining whether the relationship is or was of a romantic or intimate nature: 11
(a) Declarations of romantic interest; 12
(b) The relationship was characterized by the expectation of affection; 13
(c) Attendance at social outings together as a couple; 14
(d) The frequency and type of interaction between the persons, including whether 15
the persons have been involved together over time and on a continuous basis 16
during the course of the relationship; 17
(e) The length and recency of the relationship; and 18
(f) Other indications of a substantial connection that would lead a reasonable 19
person to understand that a dating relationship existed; 20
(2) "Dating violence and abuse" means: 21
(a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, 22
or the infliction of fear of imminent physical injury, serious physical injury, 23
sexual abuse, strangulation, or assault occurring between persons who are or 24
have been in a dating relationship;[ or] 25
(b) A pattern of physical, sexual, emotional, economic, psychological, or 26
technological actions or threats of actions between persons who are or have 27 UNOFFICIAL COPY 25 RS BR 904
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been in a dating relationship that is used by one (1) person to gain or 1
maintain power and control over another, including intimidation, 2
manipulation, humiliation, isolation, and coercion; or 3
(c) Any conduct prohibited under[by] KRS 525.125, 525.130, 525.135, or 4
525.137, or the infliction of fear of such imminent conduct, taken against a 5
domestic animal when used as a method of coercion, control, punishment, 6
intimidation, or revenge directed against a person with whom the perpetrator 7
is or has been in a dating relationship, when that person has a close bond of 8
affection to the domestic animal; 9
(3) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept 10
as a household pet, but does not include animals normally raised for agricultural or 11
commercial purposes; 12
(4) "Foreign protective order" means any judgment, decree, or order of protection 13
which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 which was 14
not issued on the basis of domestic violence and abuse; 15
(5) "Global positioning monitoring system" means a system that electronically 16
determines a person's location through a device worn by the person which does not 17
invade his or her bodily integrity and which transmits the person's latitude and 18
longitude data to a monitoring entity; 19
(6) "Order of protection" means any interpersonal protective order, including those 20
issued on a temporary basis, and includes a foreign protective order; 21
(7) "Sexual assault" refers to conduct prohibited as any degree of rape, sodomy, or 22
sexual abuse under KRS Chapter 510 or a criminal attempt, conspiracy, facilitation, 23
or solicitation to commit any degree of rape, sodomy, or sexual abuse, or incest 24
under KRS 530.020; 25
(8) "Stalking" refers to conduct prohibited as stalking under KRS 508.140 or 508.150, 26
or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of 27 UNOFFICIAL COPY 25 RS BR 904
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stalking; 1
(9) "Strangulation" refers to conduct prohibited under[by] KRS 508.170 or[and] 2
508.175, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the 3
crime of strangulation; and 4
(10) "Substantial violation" means criminal conduct which involves actual or threatened 5
harm to the person, family, or property, including a domestic animal, of an 6
individual protected by an order of protection. 7
Section 9. KRS 456.030 is amended to read as follows: 8
(1) A petition for an interpersonal protective order may be filed by: 9
(a) A victim of dating violence and abuse; 10
(b) A victim of stalking; 11
(c) A victim of sexual assault; or 12
(d) An adult on behalf of a victim who is a minor otherwise qualifying for relief 13
under this subsection. 14
(2) The petition may be filed in the victim's county of residence or a county where the 15
victim has fled to escape dating violence and abuse, stalking, or sexual assault. 16
(3) The petition shall be verified and contain: 17
(a) The name, age, address, occupation, residence, and school or postsecondary 18
institution of the petitioner; 19
(b) The name, age, address, occupation, residence, and school or postsecondary 20
institution of the person or persons who have engaged in the alleged act or 21
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
(4) 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 25 RS BR 904
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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 attorneys, 2
and regional rape crisis centers or domestic violence shelters. 3
(5) All petitions requested, completed, and signed by persons seeking protection under 4
this chapter shall be accepted and filed with the court. 5
(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between 6
the District Court and Circuit Court. 7
(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access 8
to interpersonal protective orders in each county with any protocol, whether 9
statewide or local, being subject to Supreme Court review and approval of the 10
initial protocol and any subsequent amendments. This protocol may allow for 11
petitions to be filed in or transferred to a court other than those specified in 12
paragraph (a) of this subsection. 13
(c) The Court of Justice may authorize by rule that petitions in a specific county 14
be filed in accordance with a supplemental jurisdictional protocol adopted for 15
that county. This protocol may provide for petitions to be filed in or 16
transferred to a court other than those specified in paragraph (a) of this 17
subsection. 18
(d) 1. In addition to the protocols for twenty-four (24) hour access established 19
under paragraphs (b) and (c) of this subsection, [before January 1, 2019, 20
]the Court of Justice shall provide protocols for filing, including 21
electronic filing, of petitions for orders of protection: 22
a. At those regional rape crisis centers designated under KRS 23
211.600, or regional domestic violence shelters designated under 24
KRS 209A.045, that elect to participate in any county's twenty-25
four (24) hour access protocol; and 26
b. By law enforcement officers. 27 UNOFFICIAL COPY 25 RS BR 904
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2. These protocols shall be subject to Supreme Court review for approval 1
of the initial protocol and any subsequent amendments. 2
(7) Any judge to whom a petition is referred under subsection (6) of this section shall 3
have full authority to review and hear a petition and subsequently grant and enforce 4
an interpersonal protective order. 5
(8) If the judge of a court in which there is a pending request for modification or 6
enforcement of an existing order of protection is unavailable or unable to act within 7
a reasonable time, the proceedings may be conducted by any judge of the county in 8
accordance with court rules. 9
SECTION 10. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 10
READ AS FOLLOWS: 11
As used in Sections 10 to 15 of this Act: 12
(1) "Abusive civil action" means a civil action in which: 13
(a) The plaintiff and defendant share a civil action party relationship; 14
(b) The party who is filing, initiating, advancing, or continuing the litigation 15
has been found by a court to have abused, stalked, strangled or sexually 16
assaulted the other party, pursuant to: 17
1. A protective order entered pursuant to KRS Chapter 403 or 456; 18
2. A foreign protective order, as defined in KRS 403.720 or 456.010; 19
3. A final order for child support or child custody, entered pursuant to 20
KRS Chapter 403; 21
4. A criminal conviction or a guilty plea, in this state or any other 22
jurisdiction, for a sex offense, assault, strangulation, or stalking; 23
5. A pending criminal charge, in this state or any other jurisdiction, of 24
domestic violence, wherein the court has imposed criminal conditions 25
of release pertaining to the safety of the victim; or 26
6. A signed affidavit from a domestic violence or sexual assault advocate 27 UNOFFICIAL COPY 25 RS BR 904
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or counselor working on behalf of an agency that assists victims of 1
domestic violence and sexual assault; and 2
(c) The primary purpose of the litigation is to abuse, harass, intimidate, 3
threaten, or maliciously injure the other party, or to maintain contact with 4
the other party; 5
(2) "Civil action" means the same as in Rule 2 of the Kentucky Rules of Civil 6
Procedure; 7
(3) "Civil action party relationship" means the plaintiff commencing a civil action 8
and the defendant fall within one (1) or more of the following categories: 9
(a) Adults who are current or former spouses; 10
(b) Adults who live together or who have lived together; 11
(c) Adults who are dating or who have dated, or who have or had a sexual 12
relationship; 13
(d) Adults related by blood or adoption; 14
(e) Adults who are related, or were formerly related, by marriage; 15
(f) Adult children of a person in a relationship that is described in paragraphs 16
(a) to (e) of this subsection; or 17
(g) A court has found one (1) of the parties liable for an act of strangulation, 18
stalking, or sexual assault against the other party; 19
(4) "Filing restriction" means an abusive civil action plaintiff is unable to file a civil 20
action against the civil action defendant for the period of time set by the court 21
pursuant to Section 14 of this Act; and 22
(5) "Harass or maliciously injure" means the civil action was filed with the intent to: 23
(a) Exhaust, deplete, impair, or adversely impact the defendant's financial 24
resources, unless: 25
1. Punitive damages are requested and appropriate; or 26
2. A change in the circumstances of the parties provides a good-faith 27 UNOFFICIAL COPY 25 RS BR 904
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basis to seek a change to spousal maintenance, child support, or 1
disposition of property; 2
(b) Prevent or interfere with the ability of the defendant to raise a child or 3
children for whom the defendant has legal custody unless the plaintiff has a 4
lawful right to interfere and a good-faith basis for doing so; 5
(c) Force, coerce, or attempt to force or coerce the defendant to agree to or 6
make adverse concessions concerning financial, custodial, support, or other 7
issues when the issues in question have previously been litigated and 8
decided in favor of the defendant; 9
(d) Force, coerce, or attempt to force or coerce the defendant to alter, engage 10
in, or refrain from engaging in conduct when the conduct is lawful and is 11
conduct in which the defendant has the right to engage; 12
(e) Impair or attempt to impair the health or well-being of the defendant or a 13
dependent of the defendant; 14
(f) Prevent, interfere, or adversely impact the ability of the defendant to pursue 15
or maintain a livelihood or lifestyle at the same or better standard as the 16
defendant enjoyed prior to the filing of the civil action; or 17
(g) Impair, diminish, or tarnish the defendant's reputation in the community or 18
alienate the defendant's friends, colleagues, attorneys, or professional 19
associates by subjecting parties without knowledge of or not reasonably 20
relevant to the civil action to unreasonably or unnecessarily complex, 21
lengthy, or intrusive interrogatories or depositions. 22
SECTION 11. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 23
READ AS FOLLOWS: 24
(1) If a civil action is filed and the defendant to the action believes that it is an 25
abusive civil action, the claim may be raised by the defendant by petitioning the 26
court to restrict abusive litigation: 27 UNOFFICIAL COPY 25 RS BR 904
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(a) In the answer to the civil action; or 1
(b) By motion made at any time during the civil action. 2
(2) The court may, on its own motion, conduct a hearing pursuant to Section 12 of 3
this Act to determine whether the civil action is an abusive civil action. 4
(3) The Administrative Office of the Courts shall establish a form application to be 5
used in filing a petition for an order restricting abusive litigation. 6
SECTION 12. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 7
READ AS FOLLOWS: 8
(1) If the defendant to a civil action alleges, either by answer to the civil action or by 9
motion made at any time the action is pending, that the action constitutes an 10
abusive civil action, the court shall conduct a hearing to determine the merits of 11
the defendant's allegations. 12
(2) At the time set for the hearing on the alleged abusive civil action, the court shall 13
hear all relevant testimony and may require any affidavits, documentary 14
evidence, or other records the court deems necessary. 15
(3) Upon the filing of a motion under Section 11 of this Act, the court may order a 16
stay of discovery until entry of an order ruling on the motion. 17
SECTION 13. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 18
READ AS FOLLOWS: 19
At the hearing conducted pursuant to Section 12 of this Act, any of the following 20
evidence creates a rebuttable presumption that the civil action is an abusive civil 21
action: 22
(1) The same or substantially similar issues between the same or substantially similar 23
civil action parties that are the subject of the alleged abusive civil action have 24
been litigated against the defendant within the past five (5) years in the current 25
judicial district or another judicial district, and the actions were dismissed on the 26
merits or with prejudice against the plaintiff; 27 UNOFFICIAL COPY 25 RS BR 904
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(2) The alleged abusive civil action plaintiff has used the same or substantially 1
similar issues that are the subject of the current civil action as the basis for an 2
adverse complaint against the defendant to an administrative board, and the 3
administrative board dismissed the complaint after a hearing in compliance with 4
KRS Chapter 13B; or 5
(3) The alleged abusive civil action plaintiff has been sanctioned under Rule 11 of 6
the Kentucky Rules of Civil Procedure or a similar rule or law in another state or 7
the federal government for filing one (1) or more frivolous or abusive civil 8
actions within the past ten (10) years of filing the current civil action alleged to be 9
abusive and the previous frivolous or abusive civil actions involved the same or 10
substantially similar issues between the same or substantially similar civil action 11
parties. 12
SECTION 14. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 13
READ AS FOLLOWS: 14
(1) If the court finds by a preponderance of the evidence that a person filing a civil 15
action is an abusive civil action plaintiff, and that the civil action is an abusive 16
civil action, the civil action shall be dismissed. 17
(2) In addition to dismissal of any pending abusive civil action within the jurisdiction 18
of the court, the court shall: 19
(a) Tax all costs of any abusive civil action pending in the court at the time of 20
the court's finding pursuant to subsection (1) of this section against the 21
abusive civil action plaintiff; 22
(b) Award the civil action defendant reasonable attorney's fees and all 23
reasonable costs of defending the abusive civil action; and 24
(c) Impose filing restrictions upon the abusive civil action plaintiff for a period 25
of no less than forty-eight (48) months and no more than seventy-two (72) 26
months. 27 UNOFFICIAL COPY 25 RS BR 904
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(3) If a defendant alleges that a claim is an abusive civil action and the court finds by 1
a preponderance of the evidence that the action was not an abusive civil action, 2
the court may: 3
(a) Grant to the plaintiff such remedies as may be just, including granting 4
judgment in favor of the plaintiff, granting partial judgment in favor of the 5
plaintiff, or allowing factual interpretations in favor of the plaintiff; 6
(b) Tax all costs related to litigating the issue of whether the action is an 7
abusive civil action or whether the plaintiff is an abusive civil action 8
plaintiff, against the defendant who made the claim; and 9
(c) Award the civil action plaintiff reasonable attorney's fees and all reasonable 10
costs of defending the claim that the action was an abusive civil action. 11
SECTION 15. A NEW SECTION OF KRS CHAPTER 454 IS CREATED TO 12
READ AS FOLLOWS: 13
(1) An abusive civil action plaintiff may seek permission to file a civil action against 14
a civil action defendant using the procedure set out in subsection (2) of this 15
section. 16
(2) (a) An abusive civil action plaintiff who wishes to institute a civil action in a 17
court of record during the time the abusive civil action plaintiff is under 18
filing restrictions shall first appear before the court that imposed the filing 19
restrictions to make application for permission to institute the civil action. 20
(b) The court may examine witnesses, including the abusive civil action 21
plaintiff and the civil action defendant, to determine whether the proposed 22
civil action is or is not an abusive civil action and whether there are 23
reasonable and legitimate grounds upon which the complaint is based. 24
(c) 1. If the court that imposed the filing restrictions believes that the civil 25
action the abusive civil action plaintiff is making application to file 26
will be an abusive civil action, the application shall be denied. 27 UNOFFICIAL COPY 25 RS BR 904
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2. If the court reasonably finds that the civil action the abusive civil 1
action plaintiff is making application to file will not be an abusive civil 2
action, the court may grant the application and issue an order 3
permitting the filing of the civil action. The order shall be attached to 4
the front of the complaint when the abusive civil action plaintiff files 5
the civil action with the clerk. The defendant to the action shall be 6
served with a copy of the order at the same time the complaint is 7
served. 8
(d) The findings of the court shall be reduced to writing and made a part of the 9
record in the matter. If the abusive civil action plaintiff disputes the finding 10
of the court, the abusive civil action plaintiff may appeal. 11
(3) If the application for the filing of a civil action is granted pursuant to this section, 12
the period of time commencing with the filing of the application requesting 13
permission to file the action and ending with the issuance of an order permitting 14
filing of the action shall not be computed as a part of an applicable period of 15
limitations within which the civil action must be instituted. 16
(4) If after an abusive civil action plaintiff has made application and been granted 17
permission to file a civil action pursuant to this section, the court with 18
jurisdiction over the action determines that the person is attempting to add 19
parties, amend the complaint, or is otherwise attempting to alter the parties and 20
issues involved in the civil action in a manner that the court reasonably believes 21
would make the action an abusive civil action, the court may order a continuance 22
or dismissal of the action. 23
(5) (a) If a civil action defendant is served with a complaint from an abusive civil 24
action plaintiff who filed a civil action in a judicial district in which the 25
person has not been determined to be an abusive civil action plaintiff, and 26
the complaint does not have an attached order from the judge who imposed 27 UNOFFICIAL COPY 25 RS BR 904
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the filing restrictions, the civil action defendant shall obtain a certified copy 1
of the order finding the person to be an abusive civil action plaintiff in 2
another jurisdiction and send it to the court where the new civil action was 3
filed and to the court that imposed the filing restrictions. 4
(b) If it is brought to the attention of the court, or on the court's own motion, 5
that an abusive civil action plaintiff has filed a civil action or continued a 6
legal proceeding in the sanctioning court's judicial district or in another 7
judicial district without application to do so being granted by the 8
sanctioning court pursuant to this section, or the abusive civil action 9
plaintiff has attempted to file an abusive civil action through another party, 10
the court in which the civil action is pending shall dismiss the action or 11
revoke the continuance. The sanctioning court may take whatever action 12
against the abusive civil action plaintiff deemed necessary for a violation of 13
the court's order. 14