Changing your order Either you or the abuser can file a motion to amend a domestic violence order. If you are going to be in court without a lawyer, our Preparing for Court — By Yourself section may be useful to you. An interpersonal protective order is a civil court order that protects you from an abuser if you are a victim of:. The respondent must receive notice of the hearing for the final DVO. You can also register with a statewide system, called VINE Protective Order to receive a confidential notification when the order is served on the abuser.
However, if the person who has sexually assaulted or stalked you is a family member or an intimate partner with whom you live dhaveor married, you would file for a protective order based on domestic violence instead. WomensLaw is not just for women. You may also extend your DVO for additional three year-year period s.
Generally, appeals are complicated and you will most likely need the help of a lawyer. We serve and support all survivors, no matter their sex or gender. If you are not granted a protective order, there are still some things you can do to stay safe. However, an interpersonal protective order does cover those types of dating relationships.
People can do a of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. An emergency protective order EPO can be ordered without prior notice to the abuser ex parte if the judge believes there is an immediate and present danger of domestic violence and abuse. Go to our KY Finding a Lawyer for legal referrals. You must go the full court hearing. You can also represent yourself.
The hearing will take place within 14 days of your filing your petition. Include details and dates, if possible.
If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on the KY Finding a Lawyer. Your statements must be made under oath and the forms may have to be notarized. There are a few places where you can find this information:.
If you move within Kentucky or to another dating, your protective order will still be valid and good. There does not need to be a new act of domestic violence for the order to be reissued. If you get an EPO, it should be served on the abuser by law enforcement. Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives.
There is no limit on the of times an order may be reissued extended. A domestic violence order can only Island issued after you have had a full court hearing where you and the abuser both have the opportunity to tell your sides of the story to a judge.
See our At the Hearing for tips on how to Island yourself in a protective order hearing. It might be a good idea to contact one of the domestic violence programs in your area to get help, support, and advice on how to stay safe. Advocates at local resource centers can assist you in deing a safety plan and can provide other forms of support; see KY Advocates and Shelters.
Go to KY Advocates and Shelters for contact information. If found guilty of a violation of a DVO, the abuse can be fined or put in jail. If the abuser intentionally violates the DVO, it can be considered contempt of dating and a criminal offense, which is a Class A misdemeanor. To find a shelter or an advocate at a local program, please visit our KY Advocates and Shelters.
The EPO can be extended multiple times over a six-month period while law enforcement attempts service. If you were not granted a protective order because your relationship with the abuser does not qualify — see Who can get a protective order? You can about personal jurisdiction in our Court System Basics - Personal Jurisdiction section. However, if you have left the home and want to keep the address where you are staying confidential, filing in that county would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
If you do not want the abuser to know your address, ask the clerk first how you can keep your address confidential. You can find more information about service of process in our Preparing for Court — By Yourself section, in the question called What is service of process and how do I accomplish it? Note: A DVO can be amended after you file a request and the judge holds a hearing to require the abuser to wear a GPS device if the abuser has committed a substantial serious violation of a domestic violence order and if the judge believes that the GPS device would increase your safety.
If you need the immediate protection of an emergency protective order EPObe sure to tell the clerk.
You will need to file the forms in the county courthouse where you live even if you just moved there to escape abuse. Most shelters and other domestic violence prevention organizations can provide support for you while you fill out these papers and go to court. An EPO is not effective or enforceable until it has been served on the abuser or until the abuser has been given oral notice by law enforcement or by the court about the existence of the EPO and what its terms are. It is important to build on the things you have already been doing to keep yourself safe.
Tell the officers you have a DVO and the respondent is violating it. An EPO is a temporary emergency order that a judge can grant you if you or your child are in immediate danger without prior notice to the abuser.
To report the violation to law enforcement, you can call immediately or you can file a criminal complaint. You can also visit our Safety Tips for ways to increase your safety.
For sheriff department contact information, go to our KY Sheriff Departments. In some cases, the abuser can be arrested right away and prosecuted for a crime. You can seek court protection from acts of domestic violence and abuse done to you or your minor child by any of the following people:. Extending your order When your DVO is expiring, you can apply to extend it for an additional period of up to 3 years.
Ongoing safety planning is important after receiving the order. You must also be the victim of an act of domestic violence or abuse, which is explained in What is the legal definition of domestic violence in Kentucky? Regardless of whether or not the judge grants you an EPO, you can still be given a hearing date and time if the judge believes that domestic violence and abuse exists. Note: Do not the forms until you are in front of the court clerk.
In addition, they can also protect a victim of sexual assault or stalking regardless of whether or not you have ever dated the offender. For basic information on appeals, see our Filing Appeals. Arrangements for service will be made by the court clerk after the judge issues the order. It is often a good idea to write down the name of the responding officers and their badge s in case you want to follow up on your case.
It is important that you provide accurate, up-to-date information about where the abuser can be found in order for the EPO to be served. Note: You can either pursue a civil proceeding or a criminal proceedings for the violation - you cannot pursue both.
However, you may wish to have a lawyer represent you at the hearing, especially if the abuser has a lawyer. Visit the KY Advocates and Shelters for referrals. If you are staying at a shelter, give a post office box, not the street address. You can file for an emergency protective order or a domestic violence order in the county where you live or a county to which you have fled in order to escape abuse.
Once either proceeding has been filed, the other cannot be pursued, regardless of the outcome of the first proceeding. Protective orders do not cover many types of emotional or mental abuse.
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Click on Safety Tips for suggestions. The law is clear, however, in saying that any adult even a non-relative can file on behalf of a minor who qualifies for an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
If the court does issue a continuance, the court should also reissue an EPO to you since your original one will probably expire before the rescheduled hearing. Dating violence and abuse means any of the following if the behavior occurs between people who are in or have been in a dating relationship:.
If you do not go to the hearing, your EPO may expire and you will have to start the process over. You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. When filling our your address, be sure to give a safe mailing address. They can help you develop a safety plan and help connect you with the resources you Island. Like EPOs, domestic violence orders are not effective or enforceable until they have been served on the abuser or Island the abuser has been given oral notice by law enforcement or by the court about the dating of the DVO and what its terms are.
If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. This section defines domestic violence for the purposes of getting a protective order. You may be able to reapply for a protective order if a new incident of domestic abuse occurs after you are denied the order. If you do not go, your emergency protective order EPO will expire, and you may not be able to obtain a domestic violence order DVO.
If the abuser does not show up for the hearing, the judge may still grant you a DVO, or the judge may reschedule the hearing. To see a list of common crimes in Kentucky, go to our Crimes. For safety planning help, ideas, and information, go to our Safety Tips. Many abusers obey protective orders, but some do not.
Sexual assault means an act of rape, sodomy, incestor sexual abuse in any degree which you can find on our Selected Kentucky Statutesin Chapter of the Penal Code. If you are a minor who wants to file your own petition without an adult helping you to file, you may want to call your local courthouse to ask if this is possible.
In Kentucky, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements dating in Who can get a protective order? InKentucky passed a new law that provides for an interpersonal protective order for victims of dating violence and abuse, stalking, or sexual assault.
You do not need a lawyer to file for a protective order.