425.086 Issuance of temporary restraining order in lieu of writ of possession --

164 words·~1 min read·/ky/425-086

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Effect.

(1)In any case where the plaintiff has made a motion for a writ of possession under

KRS 425.076 the court may in its discretion deny the motion for the writ and issue

instead a temporary restraining order under this chapter if it determines that the

requirements of subsection

(3)of KRS 425.076 are satisfied but that the issuance of

the temporary restraining order instead of the writ of possession would be in the

interest of justice and equity to the parties, taking into account the effect on the

defendant of issuing a writ of possession ex parte, the effect on the plaintiff of

issuing the temporary restraining order instead of the writ and other factors that bear

on equity and justice under the circumstances of the particular case.

(2)If the court issues a temporary restraining order under this section, the plaintiff's

motion for a writ of possession shall be treated as a motion for a writ of possession

under KRS 425.011.