KRS § 403.725 — KY Code / Title XXXV / Chapter 403 / Section 403.725
403.725 Petition for order of protection -- Venue -- Verified contents -- Concurrent jurisdiction -- Protocols for access and supplemental jurisdiction -- Referral
Status: in_force

403.725 Petition for order of protection -- Venue -- Verified contents -- Concurrent

jurisdiction -- Protocols for access and supplemental jurisdiction -- Referral.

(1) A petition for an order of protection may be filed by:

(a) A victim of domestic violence and abuse; or

(b) An adult on behalf of a victim who is a minor otherwise qualifying for relief

under this subsection.

(2) The petition may be filed in the victim's county of residence or a county where the

victim has fled to escape domestic violence and abuse.

(3) The petition shall be verified and contain:

(a) The name, age, address, occupation, residence, and school or postsecondary

institution of the petitioner;

(b) The name, age, address, occupation, residence, and school or postsecondary

institution of the person or persons who have engaged in the alleged act or

acts complained of in the petition;

(c) The facts and circumstances which constitute the basis for the petition;

(d) The date and place of the marriage of the parties, if applicable; and

(e) The names, ages, and addresses of the petitioner's minor children, if

applicable.

(4) The petition shall be filed on forms prescribed by the Administrative Office of the

Courts and provided to the person seeking relief by the circuit clerk or by another

individual authorized by the court to provide and verify petitions in emergency

situations, such as law enforcement officers, Commonwealth's or county attorneys,

and regional rape crisis centers or domestic violence shelters.

(5) All petitions requested, completed, and signed by persons seeking protection under

this chapter shall be accepted and filed with the court.

(6) (a) Jurisdiction over petitions filed under this chapter shall be concurrent between

the District Court and Circuit Court and a petition may be filed by a petitioner

in either court, except that a petition shall be filed in a family court if one has

been established in the county where the petition is filed.

(b) The Court of Justice shall provide a protocol for twenty-four (24) hour access

to orders of protection in each county with any protocol, whether statewide or

local, being subject to Supreme Court review and approval of the initial

protocol and any subsequent amendments. This protocol may allow for

petitions to be filed in or transferred to a court other than those specified in

paragraph (a) of this subsection.

(c) The Court of Justice may authorize by rule that petitions in a specific county

be filed in accordance with a supplemental jurisdictional protocol adopted for

that county. This protocol may provide for petitions to be filed in or

transferred to a court other than those specified in paragraph (a) of this

subsection.

(d) 1. In addition to the protocols for twenty-four (24) hour access established

under paragraphs (b) and (c) of this subsection, before January 1, 2019,

the Court of Justice shall provide protocols for filing, including

electronic filing, of petitions for orders of protection at those regional

rape crisis centers designated under KRS 211.600, or regional domestic

violence shelters designated under KRS 209A.045, that elect to

participate in any county's twenty-four (24) hour access protocol.

2. These protocols shall be subject to Supreme Court review for approval

of the initial protocol and any subsequent amendments.

(7) Any judge to whom a petition is referred under subsection (6) of this section shall

have full authority to review and hear a petition and subsequently grant and enforce

an order of protection.

(8) If the judge of a court in which there is a pending request for modification or

enforcement of an existing order of protection is unavailable or unable to act within

a reasonable time, the proceedings may be conducted by any judge of the county in

accordance with court rules.