456.050 Hearing on petition for interpersonal protective order.
440 words·~2 min read·
/ky/chapter-456/456-050A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Prior to or at a hearing on a petition for an interpersonal protective order:
(a)The court may obtain the respondent's Kentucky criminal and protective order
history and utilize that information to assess what relief and which sanctions
may protect against danger to the petitioner or other person for whom
protection is being sought, with the information so obtained being provided to
the parties in accordance with the Kentucky Rules of Civil Procedure; and
(b)If the petitioner or respondent is a minor, the court shall inquire whether the
parties attend school in the same school system to assist the court in imposing
conditions in the order that have the least disruption in the administration of
education to the parties while providing appropriate protection to the
petitioner.
(a)If the adverse party is not present at the hearing ordered pursuant to KRS
456.040 and has not been served, a previously issued temporary interpersonal
protective order shall remain in place, and the court shall direct the issuance
of a new summons for a hearing set not more than fourteen
(14)days in the
future. If service has not been made on the adverse party before that hearing
or a subsequent hearing, the temporary interpersonal protective order shall
remain in place, and the court shall continue the hearing and issue a new
summons with a new date and time for the hearing to occur, which shall be
within fourteen
(14)days of the originally scheduled date for the continued
hearing. The court shall repeat the process of continuing the hearing and
reissuing a new summons until the adverse party is served in advance of the
scheduled hearing. If service has not been made on the respondent at least
seventy-two
(72)hours prior to the scheduled hearing, the court may continue
the hearing no more than fourteen
(14)days in the future. In issuing the
summons, the court shall simultaneously transmit a copy of the summons or
notice of its issuance and provisions to the petitioner. Upon the request of the
petitioner, the court may excuse the petitioner from future court appearances
until the respondent has been served.
(b)The provisions of this section permitting the continuance of an interpersonal
protective order shall be limited to six
(6)months from the issuance of the
temporary interpersonal protective order. If the respondent has not been
served within that period, the order shall be rescinded without prejudice. Prior
to the expiration of the temporary interpersonal protective order, the court
shall provide notice to the petitioner stating that, if the petitioner does not file
a new petition, the order shall be rescinded without prejudice.