403.727 Orders of protection involving minors -- Procedures.
304 words·~1 min read·
/ky/chapter-403/403-727A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any petition filed under KRS 403.725 on behalf of a minor who is alleged to be a
victim of domestic violence and abuse, or in which a minor is named as a
respondent or petitioner, shall comply with the requirements in that section and
shall:
(a)Proceed in accordance with the procedural safeguards under KRS 610.070;
and
(b)Conform to the confidentiality provisions under KRS 610.340.
(2)If the court orders an evidentiary hearing under KRS 403.730(1)(a), a guardian ad
litem shall be appointed for any unrepresented minor who is a respondent to the
action or a petitioner who is an alleged victim of domestic violence and abuse. The
guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred
dollars ($500), which shall be paid by the Finance and Administration Cabinet.
(3)Violation of the terms or conditions of an order of protection issued under KRS
403.740 after the person has been served or given notice of the order shall
constitute contempt of court and may constitute a criminal offense pursuant to KRS
403.763 if the offender is an adult or a public offense under KRS 600.020(51) if the
offender is a juvenile. Once a juvenile action or contempt proceeding has been
initiated, the other shall not be undertaken regardless of the outcome of the original
proceeding.
(4)Nothing in subsection
(3)of this section shall preclude the Commonwealth from
proceeding, or the petitioner from pursuing charges, against the minor respondent
for offenses other than a violation of an order of protection. Proceedings against a
minor respondent for offenses other than a violation of an order of protection shall
proceed:
(a)In the juvenile session of District Court; and
(b)In accordance with the procedural and statutory provisions established for the
juvenile session of District Court.