KRS § 456.070 — KY Code / Title XLII / Chapter 456 / Section 456.070
456.070 When protective order becomes effective and binding on respondent -- Mutual protective orders -- Petition hearing testimony later admissible only for impeachment purposes -- Interpersonal protective order intake center
Status: in_force

456.070 When protective order becomes effective and binding on respondent --

Mutual protective orders -- Petition hearing testimony later admissible only for

impeachment purposes -- Interpersonal protective order intake center.

(1) A temporary or ordinary interpersonal protective 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 this chapter.

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

condition of issuing an interpersonal protective order.

(4) Mutual protective orders 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 interpersonal

protective order.

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

456.040 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 an

interpersonal protective order intake center to assist persons who apply for

relief under this chapter.

(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 dating violence and abuse, sexual

assault, or stalking.

(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 this chapter did not result in the issuance of a non-

temporary interpersonal protective 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 403.720.

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

431.079.