KRS § 403.745 — KY Code / Title XXXV / Chapter 403 / Section 403.745
403.745 Duration of emergency protective order and domestic violence order -- Prohibited costs and conditions -- Mutual orders of protection -- Amendment -- Expungement
Status: in_force

403.745 Duration of emergency protective order and domestic violence order --

Prohibited costs and conditions -- Mutual orders of protection -- Amendment -

- Expungement.

(1) An emergency protective order and a domestic violence order shall become

effective and binding on the respondent when the respondent is given notice of the

existence and terms of the order by a peace officer or the court or upon personal

service of the order, whichever is earlier. A peace officer or court giving notice of

an unserved order shall make all reasonable efforts to arrange for the order's

personal service upon the respondent. Once effective, a peace officer or the court

may enforce the order's terms and act immediately upon their violation.

(2) Costs, fees, or bond shall not be assessed against or required of a petitioner for any

filing, hearing, service, or order authorized by or required to implement KRS

403.715 to 403.785.

(3) A court shall not require mediation, conciliation, or counseling prior to or as a

condition of issuing an order of protection.

(4) Mutual orders of protection may be issued only if:

(a) Separate petitions have been filed by both parties; and

(b) The orders are written with sufficient specificity to allow any peace officer to

identify which party has violated the order.

(5) Upon proper filing of a motion, either party may seek to amend an order of

protection.

(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS

403.730 shall not be admissible in any criminal proceeding involving the same

parties, except for purposes of impeachment.

(7) (a) The Court of Justice, county and Commonwealth's attorneys, law enforcement

agencies, and victim services organizations may jointly operate a domestic

violence intake center to assist persons who apply for relief under KRS

403.715 to 403.785.

(b) In cases where criminal conduct is alleged, a court may suggest that a

petitioner voluntarily contact the county attorney. A court may not withhold or

delay relief if the petitioner elects to not contact the county attorney.

(8) A person's right to apply for relief under this chapter shall not be affected by that

person leaving his or her residence to avoid domestic violence and abuse.

(9) A court shall order the omission or deletion of the petitioner's address and the

address of any minor children from any orders or documents to be made available to

the public or to any person who engaged in the acts complained of in the petition.

(10) (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a

domestic violence order, the court in which the petition was heard may for

good cause shown order the expungement of the records of the case if:

1. Six (6) months have elapsed since the case was dismissed; and

2. During the six (6) months preceding the expungement request, the

respondent has not been bound by an order of protection issued for the

protection of any person, including an order of protection as defined in

KRS 456.010.

(b) As used in this subsection, "expungement" has the same meaning as in KRS

431.079.