456.140 Filing copy of foreign protective order -- Effect -- Required affidavit --
810 words·~4 min read·
/ky/456-140A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Certification by issuing court -- Uncertified order.
(1)A copy of a foreign protective order may be filed in the office of the clerk of any
court of competent jurisdiction of this state. A foreign protective order so filed shall
have the same effect and shall be enforced in the same manner as an interpersonal
protective order issued by a court of this state.
(a)At the time of the filing of the foreign protective order, the person filing the
order shall file with the clerk of the court an affidavit on a form prescribed
and provided by the Administrative Office of the Courts. The affidavit shall
set forth the name, city, county, and state or other jurisdiction of the issuing
court. The person shall certify in the affidavit the validity and status of the
foreign protective order, and attest to the person's belief that the order has not
been amended, rescinded, or superseded by any orders from a court of
competent jurisdiction. All foreign protective orders presented with a
completed and signed affidavit shall be accepted and filed.
(b)The affidavit signed by the applicant shall have space where the reviewing
judge shall place information necessary to allow the order's entry into the Law
Information Network of Kentucky in the same manner as a Kentucky order.
(a)If the person seeking to file the order presents a copy of the foreign protective
order which is current by the terms of the order and has been certified by the
clerk or other authorized officer of the court which issued it, the circuit clerk
shall present it to the District Judge or Circuit Judge, who shall read the order
and enter on the affidavit the information necessary to allow the order's entry
into the Law Information Network of Kentucky. The order shall not be subject
to further verification and shall be accepted as authentic, current, and subject
to full faith and credit.
(b)If the order presented is current by the terms of the order but is not certified in
the manner specified in paragraph
(a)of this subsection, the circuit clerk shall
present the order and the affidavit to the District or Circuit Judge, who shall
read the order and enter on the affidavit the information necessary to allow the
order's entry into the Law Information Network of Kentucky. The order shall
be subject to full faith and credit in the same manner as a Kentucky
interpersonal protective order, but shall be subject to verification by the circuit
clerk. The order shall be valid for a period of fourteen
(14)days and may be
renewed once for a period of fourteen
(14)days if the circuit clerk has not
received a certified copy of the order from the issuing jurisdiction. The clerk
shall treat the foreign protective order in the same manner as an interpersonal
protective order of this state issued pursuant to KRS 456.060, except that no
service on the adverse party shall be required pursuant to 18 U.S.C. sec. 2265.
(c)Upon the filing of an uncertified foreign protective order, the circuit clerk
shall, within two
(2)business days, contact the issuing court to request a
certified copy of the order. If the certified copy of the order is received by the
circuit clerk within the initial fourteen
(14)day period, the clerk shall cause
the information that certification has been received to be entered into the Law
Information Network of Kentucky and shall notify the applicant for the order
of the fact of its certification. A facsimile copy of a certified foreign protective
order shall be grounds for the issuance of an interpersonal protective order.
(d)If the clerk has not received a certified copy of the foreign protective order
within ten
(10)days, the clerk shall notify the court and the applicant that the
order has not been received. The notice to the applicant, on a form prepared by
the Administrative Office of the Courts, shall state that the foreign protective
order will be extended for another fourteen
(14)days, but will be dismissed at
the expiration of that time. If the clerk informs the judge in writing that the
certified foreign protective order has been requested but has not yet been
received, the judge shall extend the foreign protective order for a period of
fourteen
(14)days. If certification of the foreign protective order is not
received within twenty-eight
(28)days, the foreign protective order shall
expire and shall not be reissued. If the applicant meets the qualifications for
the issuance of a Kentucky interpersonal protective order, the court may, upon
proper application and showing of evidence, issue a Kentucky order in
accordance with this chapter.
(4)The right of a person filing a foreign protective order to bring an action to enforce
the order instead of proceeding under this chapter remains unimpaired.