403.735 Hearing on petition for order of protection -- Criteria to assess
448 words·~2 min read·
/ky/403-735A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
appropriate relief and sanctions -- Continuance of hearing and emergency
protective order.
(1)Prior to or at a hearing on a petition for an order of protection:
(a)The court may obtain the respondent's Kentucky criminal and protective order
history and utilize that information to assess what relief and which sanctions
may protect against danger to the petitioner or other person for whom
protection is being sought, with the information so obtained being provided to
the parties in accordance with the Kentucky Rules of Civil Procedure; and
(b)If the petitioner or respondent is a minor, the court shall inquire whether the
parties attend school in the same school system to assist the court in imposing
conditions in the order that have the least disruption in the administration of
education to the parties while providing appropriate protection to the
petitioner.
(a)If the adverse party is not present at the hearing ordered pursuant to KRS
403.730 and has not been served, a previously issued emergency protective
order shall remain in place, and the court shall direct the issuance of a new
summons for a hearing set not more than fourteen
(14)days in the future. If
service has not been made on the adverse party before that hearing or a
subsequent hearing, the emergency protective order shall remain in place, and
the court shall continue the hearing and issue a new summons with a new date
and time for the hearing to occur, which shall be within fourteen
(14)days of
the originally scheduled date for the continued hearing. The court shall repeat
the process of continuing the hearing and reissuing a new summons until the
adverse party is served in advance of the scheduled hearing. If service has not
been made on the respondent at least seventy-two
(72)hours prior to the
scheduled hearing, the court may continue the hearing no more than fourteen
(14)days in the future. In issuing the summons, the court shall simultaneously
transmit a copy of the summons or notice of its issuance and provisions to the
petitioner. Upon the request of the petitioner, the court may excuse the
petitioner from future court appearances until the respondent has been served.
(b)The provisions of this section permitting the continuance of an emergency
protective order shall be limited to six
(6)months from the issuance of the
emergency protective order. If the respondent has not been served within that
period, the order shall be rescinded without prejudice. Prior to the expiration
of the emergency protective order, the court shall provide notice to the
petitioner stating that, if the petitioner does not file a new petition, the order
shall be rescinded without prejudice.