508.155 Restraining order or interpersonal protective order to be issued upon
712 words·~3 min read·
/ky/508-155A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
violation of KRS 508.140 or 508.150.
(a)Before January 1, 2016, a verdict of guilty or a plea of guilty to KRS 508.140
or 508.150 shall operate as an application for a restraining order utilizing the
provisions of this section and limiting the contact of the defendant and the
victim who was stalked, unless the victim requests otherwise.
(b)Beginning January 1, 2016, a verdict of guilty or a plea of guilty to KRS
508.140 or 508.150 shall operate as an application for an interpersonal
protective order issued under KRS Chapter 456, unless the victim requests
otherwise. Notwithstanding the provisions of KRS Chapter 456:
1. An interpersonal protective order requested under this subsection may be
issued by the court that entered the judgment of conviction;
2. The judgment of conviction shall constitute sufficient cause for the entry
of the order without the necessity of further proof being taken; and
3. The order may be effective for up to ten
(10)years, with further
renewals in increments of up to ten
(10)years.
(2)The court shall give the defendant notice of his or her right to request a hearing on
the application for a restraining order. If the defendant waives his or her right to a
hearing on this matter, then the court may issue the restraining order without a
hearing.
(3)If the defendant requests a hearing, it shall be held at the time of the verdict or plea
of guilty, unless the victim or defendant requests otherwise. The hearing shall be
held in the court where the verdict or plea of guilty was entered.
(4)A restraining order may grant the following specific relief:
(a)An order restraining the defendant from entering the residence, property,
school, or place of employment of the victim; or
(b)An order restraining the defendant from making contact with the victim,
including an order forbidding the defendant from personally, or through an
agent, initiating any communication likely to cause serious alarm, annoyance,
intimidation, or harassment, including but not limited to personal, written,
telephonic, or any other form of written or electronic communication or
contact with the victim. An order issued pursuant to this subsection relating to
a school, place of business, or similar nonresidential location shall be
sufficiently limited to protect the stalking victim but shall also protect the
defendant's right to employment, education, or the right to do legitimate
business with the employer of a stalking victim as long as the defendant does
not have contact with the stalking victim. The provisions of this subsection
shall not apply to a contact by an attorney regarding a legal matter.
(5)A restraining order issued pursuant to this section shall be valid for a period of not
more than ten
(10)years, the specific duration of which shall be determined by the
court. Any restraining order shall be based upon the seriousness of the facts before
the court, the probability of future violations, and the safety of the victim, his or her
immediate family, or both.
(6)Unless the defendant has been convicted of a felony, or is otherwise ineligible to
purchase or possess a firearm under federal law, a restraining order issued pursuant
to this section shall not operate as a ban on the purchase or possession of firearms or
ammunition by the defendant.
(7)The restraining order shall be issued on a form prescribed by the Administrative
Office of the Courts and may be lifted upon application of the stalking victim to the
court which granted the order.
(8)Within twenty-four
(24)hours of entry of a restraining order or entry of an order
rescinding a restraining order, the circuit clerk shall forward a copy of the order to
the Law Information Network of Kentucky (LINK).
(9)A restraining order issued under this section shall be enforced in any county of the
Commonwealth. Law enforcement officers acting in good faith in enforcing a
restraining order shall be immune from criminal and civil liability.
(10)A violation by the defendant of an order issued pursuant to this section shall be a
Class A misdemeanor. Nothing in this section shall preclude the filing of a criminal
complaint for stalking based on the same act which is the basis for the violation of
the restraining order.