Family and dating relationships have the potential to decline and the resulting disputes may end up in a courtroom. Remedies available to family members and members of dating relationships include, but are not limited to: seeking criminal charges, separation, or divorce. In addition, a party may seek a civil order for protection from domestic violence or abuse, dating violence or abuse, stalking behavior, or sexual assault. The person seeking protection is the petitioner and the person alleged to have committed domestic violence or abuse, dating violence or abuse, stalking behavior, or sexual assault is the respondent.
Types of Protective Orders in Kentucky
There are four types of protective orders in Kentucky:
- An emergency protective order (EPO) is an order issued between family members or an unmarried couple having a child in common or residing together when the allegations involve domestic violence. EPOs are temporary and place restrictions on the respondent until a hearing can be conducted;
- A domestic violence order (DVO) is an order issued after the hearing is held in regard to an emergency protective order and places restrictions on the respondent for as long as three years. At the end of three years, the petitioner may petition the court to renew the domestic violence order;
- A temporary interpersonal protective order (TIPO) is an order issued between people who are not family members or members of an unmarried couple but whom have a romantic relationship or the allegations involve sexual assault or stalking. TIPOs are similar to EPOs in that they are temporary and place restrictions on the respondent until a hearing can be conducted;
- An interpersonal protective order (IPO) is an order issued after the hearing is held in regard to a temporary interpersonal protective order and places restrictions on the respondent for as long as three years. At the end of three years, the petitioner may petition the court to renew the interpersonal protective order.
Requirements for a Protective Order
There are two major requirements that must be met in order to obtain a protective order.
First, there must be a qualifying relationship such as family members, members of the same household as a child victim, unmarried couples who have a child in common, unmarried couples who are living together or formerly lived together or a former or current dating relationship of a romantic or intimate nature. In addition, any incidents of stalking or sexual abuse will qualify even if there is no relationship between the parties.
Second, the respondent’s conduct must include committing an assault, causing physical injury, sexual abuse, threatening to cause physical injury or an assault, engaging in stalking behavior, or committing an act that places an individual in fear of imminent physical injury, serious physical injury, or sexual abuse.
How to Obtain a Protective Order?
To obtain a protective order one must file a petition in the county in which they reside or the county they are currently in if they fled their county of residence because of the conduct necessitating the protective order. One can file a petition twenty-four hours a day without paying a filing fee (law enforcement will be needed to file outside of normal business hours). Upon filing the petition, a judge will review the allegations and may issue a temporary protective order (EPO or TIPO) or the judge may issue a summons notifying the respondent of the hearing date. The EPO or TIPO will remain in effect until the court conducts a hearing but will not extend past six months.
Thereafter, a hearing will be conducted to determine if the EPO or TIPO will be converted to a DVO or IPO. During the hearing, the court will take testimony and consider evidence concerning the allegations set forth in the petition. Both the petitioner and respondent may be represented by an attorney at said hearing. The court may hear testimony from any witnesses, including the petitioner and respondent. The petitioner and respondent will have the opportunity to question each other. For this reason, it is important to have an experienced attorney represent you at the hearing. At the conclusion of all testimony, the court will either enter a DVO or IPO or will dismiss the action.
Consequences of a Protective Order
Once entered, protective orders will be enforced throughout Kentucky and may be enforced throughout the United States. Protective orders may need to be registered in other states to enforceable in that jurisdiction. Upon entry of a protective order the judge may place the following restrictions on the respondent:
- Respondent shall have no contact with the petitioner or other person unless such contact is permitted by the terms of the order;
- The respondent shall stay away from specific locations, including residences, schools, or workplaces.
- The respondent shall not abuse or threaten to abuse the petitioner.
- The respondent shall not damage the petitioner’s property.
- The respondent shall vacate the petitioner’s residence.
- In addition, the judge can award temporary custody of minor children, grant child support, require counseling and other treatment, or any other condition necessary to prevent future acts of abuse or threats of abuse.
Violating a protective order is a criminal offense and could subject the respondent to a jail sentence. In addition, the respondent could be held in contempt of court or required to wear a GPS electronic monitoring device. Our team of experienced attorneys at Busald Funk Zevely represents both those seeking protective orders and those whom protective orders have been filed against. If you have questions about protection orders in Boone County, contact our team today.