456.035 Interpersonal protective orders involving minors -- Procedures.

310 words·~1 min read·/ky/chapter-456/456-035

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Any petition filed under KRS 456.030 on behalf of a minor who is an alleged

victim of dating violence and abuse, sexual assault, or stalking, 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 456.040(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 dating violence and abuse, sexual

assault, or stalking. 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

456.060 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

456.180 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.