Kentucky law offers a restraining order to any victims whose aggressors have been convicted of stalking or harassment. The defendant has a right to request a hearing, but if the defendant waives that right, the court can issue the restraining order without a hearing. The restraining order can last for up to 10 years. In Kentucky, a restraining order is known as a domestic violence order (DVO). The protective order is issued for the protection of abused spouses and exes. A protective order can also be issued for children if they are in harm’s way because of stalkers.
Two Main Types of Protective Orders
This description is from the administrative office of the court in Kentucky…
- Temporary Protective Orders – Temporary Protective Orders. The court may issue an emergency protective order (EPO) in domestic violence cases or a temporary interpersonal protective order (TIPO) in dating violence and stalking/ sexual assault cases. These are short-term orders intended to stop violence and abuse by placing restrictions on the respondent’s actions until a hearing may be held by the court, usually within 14 days.
- Long Term Protective Orders – Domestic violence orders (DVO) and interpersonal protective orders (IPO) can last up to three years. These orders are intended to stop violence and abuse by placing restrictions on a respondent after a court hearing
If you want to file a petition for a protective order you go to the office of Circuit Court Clerk.
Information You Must Provide
You will be requested to provide information about you and the respondent. You will be asked to provide…
- Date of birth
- Social Security number
- Address so the respondent can be served
- List of any children from you and the respondent. The children can be included in the order.
You can get a protective order 24 hours a day. After the business hours of the Circuit Clerk, you can contact your local police for assistance in obtaining a protective order. There are no fees or costs for filing a petition.
Understanding Restraining Orders in Kentucky
If you find yourself in a situation where you feel threatened or harassed, you might consider seeking a restraining order for protection. Here’s how it works in Kentucky:
- Purpose: A restraining order is a legal tool that can help protect you from someone who is threatening your safety. It legally prohibits the person from contacting or coming near you.
- Types of Orders: In Kentucky, there are different types of restraining orders, such as Emergency Protective Orders (EPO) and Domestic Violence Orders (DVO). An EPO is temporary and issued quickly if you’re in immediate danger, while a DVO is longer-term and requires a court hearing.
- Filing Process: You’d start by filing a petition at the county courthouse. This involves completing forms where you detail the incidents of abuse or harassment.
- Hearing: After filing, a judge will review your petition. For an EPO, a judge can issue it without the abuser present if they believe you’re in immediate danger. A hearing will then be scheduled for a DVO, where both you and the alleged abuser can present your case.
- Enforcement: If the judge grants the order, it can include various conditions like prohibiting contact with you, staying away from your home or workplace, and limiting certain behaviors.
- Violation: If the person violates the order, you should report it to law enforcement immediately. Violating a restraining order is a criminal offense and can lead to arrest.
Understanding these steps can help you take the necessary legal action to ensure your safety and peace of mind.
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