403.763 Violation of order of protection constitutes contempt of court and criminal
306 words·~1 min read·
/ky/403-763A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
offense.
(1)Violation of the terms or conditions of an order of protection after the person has
been served or given notice of the order shall constitute contempt of court and a
criminal offense under this section. Once a criminal or contempt proceeding has
been initiated, the other shall not be undertaken regardless of the outcome of the
original proceeding.
(a)Court proceedings for contempt of court for violation of an order of protection
shall be held in the county where the order was issued or filed.
(b)Court proceedings for a criminal violation of an order of protection shall
follow the rules of venue applicable to criminal cases generally.
(3)Nothing in this section shall preclude the Commonwealth from prosecuting and
convicting the respondent of criminal offenses other than violation of an order of
protection.
(a)A person is guilty of a violation of an order of protection when he or she
intentionally violates the provisions of an order of protection after the person
has been served or given notice of the order.
(b)Violation of an order of protection is a Class A misdemeanor, unless the
person who stands convicted of a violation under this subsection has been
convicted of two
(2)or more previous violations of orders of protection under
this subsection or KRS 456.180(4)(a), 508.155, or 510.037 within the last five
(5)years, in which case it is a Class D felony if the third or subsequent
violation involves the:
1. Use or attempted use of physical force; or
2. Threat of physical harm.
The protected person in the third or subsequent violation is not required to be
the same protected person in the previous violations. The five
(5)year period
shall be measured from the dates on which the offenses occurred for which
the judgments of conviction were entered.