KRS § 456.140 — KY Code / Title XLII / Chapter 456 / Section 456.140
456.140 Filing copy of foreign protective order -- Effect -- Required affidavit -- Certification by issuing court -- Uncertified order
Status: in_force

456.140 Filing copy of foreign protective order -- Effect -- Required affidavit --

Certification by issuing court -- Uncertified order.

(1) A copy of a foreign protective order may be filed in the office of the clerk of any

court of competent jurisdiction of this state. A foreign protective order so filed shall

have the same effect and shall be enforced in the same manner as an interpersonal

protective order issued by a court of this state.

(2) (a) At the time of the filing of the foreign protective order, the person filing the

order shall file with the clerk of the court an affidavit on a form prescribed

and provided by the Administrative Office of the Courts. The affidavit shall

set forth the name, city, county, and state or other jurisdiction of the issuing

court. The person shall certify in the affidavit the validity and status of the

foreign protective order, and attest to the person's belief that the order has not

been amended, rescinded, or superseded by any orders from a court of

competent jurisdiction. All foreign protective orders presented with a

completed and signed affidavit shall be accepted and filed.

(b) The affidavit signed by the applicant shall have space where the reviewing

judge shall place information necessary to allow the order's entry into the Law

Information Network of Kentucky in the same manner as a Kentucky order.

(3) (a) If the person seeking to file the order presents a copy of the foreign protective

order which is current by the terms of the order and has been certified by the

clerk or other authorized officer of the court which issued it, the circuit clerk

shall present it to the District Judge or Circuit Judge, who shall read the order

and enter on the affidavit the information necessary to allow the order's entry

into the Law Information Network of Kentucky. The order shall not be subject

to further verification and shall be accepted as authentic, current, and subject

to full faith and credit.

(b) If the order presented is current by the terms of the order but is not certified in

the manner specified in paragraph (a) of this subsection, the circuit clerk shall

present the order and the affidavit to the District or Circuit Judge, who shall

read the order and enter on the affidavit the information necessary to allow the

order's entry into the Law Information Network of Kentucky. The order shall

be subject to full faith and credit in the same manner as a Kentucky

interpersonal protective order, but shall be subject to verification by the circuit

clerk. The order shall be valid for a period of fourteen (14) days and may be

renewed once for a period of fourteen (14) days if the circuit clerk has not

received a certified copy of the order from the issuing jurisdiction. The clerk

shall treat the foreign protective order in the same manner as an interpersonal

protective order of this state issued pursuant to KRS 456.060, except that no

service on the adverse party shall be required pursuant to 18 U.S.C. sec. 2265.

(c) Upon the filing of an uncertified foreign protective order, the circuit clerk

shall, within two (2) business days, contact the issuing court to request a

certified copy of the order. If the certified copy of the order is received by the

circuit clerk within the initial fourteen (14) day period, the clerk shall cause

the information that certification has been received to be entered into the Law

Information Network of Kentucky and shall notify the applicant for the order

of the fact of its certification. A facsimile copy of a certified foreign protective

order shall be grounds for the issuance of an interpersonal protective order.

(d) If the clerk has not received a certified copy of the foreign protective order

within ten (10) days, the clerk shall notify the court and the applicant that the

order has not been received. The notice to the applicant, on a form prepared by

the Administrative Office of the Courts, shall state that the foreign protective

order will be extended for another fourteen (14) days, but will be dismissed at

the expiration of that time. If the clerk informs the judge in writing that the

certified foreign protective order has been requested but has not yet been

received, the judge shall extend the foreign protective order for a period of

fourteen (14) days. If certification of the foreign protective order is not

received within twenty-eight (28) days, the foreign protective order shall

expire and shall not be reissued. If the applicant meets the qualifications for

the issuance of a Kentucky interpersonal protective order, the court may, upon

proper application and showing of evidence, issue a Kentucky order in

accordance with this chapter.

(4) The right of a person filing a foreign protective order to bring an action to enforce

the order instead of proceeding under this chapter remains unimpaired.