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Protective/No Contact Orders
If a person is subjected to domestic violence and abuse, dating violence and abuse, sexual assault, or stalking, he or she can apply for a protective order. A protective order is an order signed by a judge to prevent further acts against the victim. There are two types of civil protective orders: Domestic Violence Orders (DVO) and Interpersonal Protective Orders (IPO).
DOMESTIC VIOLENCE ORDER
Kentucky Revised Statutes (403.710 to 403.785) establishes the procedure and requirements to file a petition for an order of protection based upon domestic violence and abuse. The definition of “domestic violence and abuse” means physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple.
The petition can be filed by family members which includes a spouse, former spouse, grandparent, grandchild, parent, child, stepchild, or any other person living in the same household as a child if the child is the alleged victim. A petition can also be filed by a member of an unmarried couple which includes each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.
The petition can be filed in the victim’s county of residence or where the victim has fled to escape domestic violence and abuse.
The court reviews the petition, if domestic violence and abuse exists, schedules an evidentiary hearing within 14 days. If the court also finds the presence of immediate and present danger, the court issues an Emergency Protective Order (EPO). Generally, the EPO will provide protection for the victim until the court can hold the evidentiary hearing. If at the evidentiary hearing, the court finds in favor of the petitioner (victim), the court will issue a DVO.
To file for an EPO or DVO in Henderson County, you may request and file paperwork at the Henderson Circuit Clerk’s Office during normal business hours or with the assistance of law enforcement outside normal business hours.
INTERPERSONAL PROTECTIVE ORDER
Kentucky Revised Statutes (456.010 to 456.180) sets forth the procedure and requirements to file an interpersonal protective order. An interpersonal protective order is filed by a victim of dating violence and abuse, stalking, sexual assault or on behalf of a child who is a victim of that conduct. “Dating violence and abuse” includes physical injury, serious physical injury, stalking, sexual assault, strangulation, or the infliction of fear of those acts occurring between persons who are or have been in a dating relationship.
The petition can be filed in the victim’s county of residence or where the victim has fled to escape dating violence and abuse, stalking or sexual assault. Once a petition if filed, the court reviews the petition immediately and, if dating violence and abuse, stalking or sexual assault exists, schedules an evidentiary hearing within 14 days. If the court also finds the presence of immediate and present danger, the court issues a temporary interpersonal protective order.
To file for an IPO in Henderson County, you may request and file paperwork at the Henderson Circuit Clerk’s Office during normal business hours or with the assistance of law enforcement outside normal business hours.
NO CONTACT ORDER (AS BOND CONDITION IN A CRIMINAL CASE)
If a Defendant is arrested on criminal charges, the Defendant may be allowed to post a bond to be released while the case is pending. If the Defendant can post the required bond, the Judge may impose conditions upon the Defendant depending on the nature and circumstances of the charge(s). As it relates to the protection of a victim, the Judge may order that the Defendant have no contact with the victim while released on bond.
A Defendant who is charged with an assault, sexual offense or violation of IPO or EPO/DVO may be arrested by law enforcement officer for violating those conditions of release. The law enforcement officer must have probable cause that the Defendant has violated and verify that the Defendant had knowledge of the conditions of release.
To help protect victims, Kentucky law provides that a victim of the alleged crime is entitled to a free copy of the Defendant's conditions of release upon request to the Henderson Circuit Clerk.
Depending on the circumstances of your case, there may be other forms of protection. For more information on other forms of protection, please consult your private attorney. If you need assistance contacting an attorney, please visit the Kentucky Bar Association's Lawyer Locator.