403.730 Immediate review of petition -- Summons to evidentiary hearing -- Ex
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/ky/403-730A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
parte emergency protective order.
(a)The court shall review a petition for an order of protection immediately upon
its filing. If the review indicates that domestic violence and abuse exists, the
court shall summons the parties to an evidentiary hearing not more than
fourteen
(14)days in the future. If the review indicates that such a basis does
not exist, the court may consider an amended petition or dismiss the petition
without prejudice.
(b)Service of the summons and hearing order under this subsection shall be made
upon the adverse party personally and may be made in the manner and by the
persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil
Procedure. A summons may be reissued if service has not been made on the
adverse party by the fixed court date and time.
(a)If the review under this section also indicates the presence of an immediate
and present danger of domestic violence and abuse, the court shall, upon the
filing of the petition, issue ex parte an emergency protective order that:
1. Authorizes relief appropriate to the situation utilizing the alternatives set
out in KRS 403.740, other than awarding temporary support or
counseling;
2. Sets forth which communications, if any, as requested by the petitioner,
are authorized and which communications are unauthorized;
3. Allows either party to retrieve his or her personal belongings from the
parties' shared residence and directs law enforcement to assist, if
requested;
4. Expires upon the conclusion of the evidentiary hearing required by this
section unless extended or withdrawn by subsequent order of the court;
and
5. Does not order or refer the parties to mediation unless requested by the
petitioner, and the court finds that:
a. The petitioner's request is voluntary and not the result of coercion;
and
b. Mediation is a realistic and viable alternative to or adjunct to the
issuance of an order sought by the petitioner.
Nothing in this paragraph shall be interpreted to place any restriction or
restraint on the petitioner.
(b)If an order is not issued under this subsection, the court shall note on the
petition, for the record, any action taken or denied and the reason for it.