The Kentucky Petition-Motion for Order of Protection is a legal document that is used to seek protection from abuse, stalking, or harassment. The Petition-Motion can be filed by an individual seeking protection from another person who is accused of causing them harm or putting them in danger. The Petition-Motion is filed with a county court and requests the court to issue an Order of Protection (also known as a restraining order) that will legally protect the petitioner from the person they are accusing. There are two types of Kentucky Petition-Motion for Order of Protection: 1. Domestic Violence Order of Protection — This type of Petition-Motion is filed by an individual who is a victim of domestic violence or is in fear of domestic violence. 2. Emergency Protective Order — This type of Petition-Motion is filed by an individual who is in immediate danger of physical harm or death from another person. This type of Petition-Motion can also be filed by a law enforcement officer, on behalf of the individual in danger.
Kentucky Petition-Motion for Order of Protection
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How to fill out Kentucky Petition-Motion For Order Of Protection?
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FAQ
To be eligible for a DVO or an IPO, the respondent must have either: ? Physically injured or assaulted you or a child. Strangled you or a child. Sexually abused or sexually assaulted you or a child. Threatened to physically injure or assault you or a child.
A protective order (EPO/TIPO) is effective until the court hearing is held, usually within 14 days. If the respondent has not been served with the EPO/TIPO, the order will be continued until service is made (up to six months) or until the order is withdrawn by the court.
Generally an EPO lasts for 14 days until your hearing for a domestic violence order. If law enforcement is unable to serve the abuser prior to the hearing, the judge can postpone the court date and extend your EPO for another 14 days.
Can you drop a DVO in KY? c) In the event the EPO/DVO is issued, it shall not be dropped unless done so by the Court. Unless and until the EPO/DVO is dismissed, the terms of the Order shall be strictly enforced.
If the Respondent intentionally violates the rules of the EPO, TIPO, DVO or IPO, it can be considered contempt of court and a crime. You can report the violation to law enforcement. Call 911 right away. Or you can file a criminal complaint.
The judge will hold a hearing and listen to both sides. You can bring witnesses or evidence, such as medical records or police reports, to prove that the abuse happened. Phone call logs, texts, emails, or screen shots of social media posts might also be helpful.
Penalties for Violating a Domestic Violence Protective Order An offender who violates a domestic violence or interpersonal protective order faces a Class A misdemeanor conviction. Such a conviction subjects a guilty defendant to up to 12 months in jail and a $500 fine.
A domestic violence order (DVO) can only be issued after you have had a full court hearing where you and the abuser both have the opportunity to tell your sides of the story to a judge. If the judge believes that domestic violence or abuse has occurred and may happen again, s/he can issue a DVO.
Violating an EPO or DVO can be treated as contempt of court (with a penalty of up to six months in jail) or as a class A misdemeanor (up to twelve months in jail). Violation of an EPO is often charged in connection with other allegations, such as assault.