This section defines domestic violence for the purposes of getting a protective order. Kentucky law defines “domestic violence and abuse” as the occurrence of one or more of the following acts between “family members” or “members of an unmarried couple:”

1. causing physical injury or serious physical injury;
2. committing sexual assault, which includes any degree of rape, sodomy, or sexual abuse, and incest;
3. committing assault;
4. committing stalking;
5. committing strangulation, which is defined as the actions described in the crimes of strangulation in the first degree or strangulation in the second degree or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of strangulation; 
6. putting you in fear of immediate physical injury, serious physical injury, sexual abuse, strangulation, or assault;
7. committing cruelty to animals in the 1^st or 2^nd degree;
8. torturing a dog or cat; 
9. committing sexual crimes against an animal; or
10. making you fear that the acts listed in numbers 7, 8, and 9 will immediately be committed against a domestic animal with which you have a close bond in order to coerce, control, punish, intimidate you or to get revenge against you.¹

Note: “Members of an unmarried couple” only include dating partners who live(d) together or who have a child together.² See Who can get a protective order? for more information.

¹ KRS § 403.720(2), (9)
² KRS § 403.720(6)

An emergency protective order (EPO) can do the following:

1. order the abuser to not commit acts of domestic violence and abuse against you;
2. order the abuser to not contact you or anyone else specified in the order, including contact that is made face-to-face, by telephone, in writing, electronic, through a third party, etc.;
3. order the abuser to stay up to 500 feet away from you or anyone else specified in the order;
4. order the abuser to not come within a certain distance of a specific home, school, or place of employment;
5. order the abuser to not sell or destroy any of your property or any property you share with him/her;
6. order the abuser to leave the home you share;
7. give you temporary custody of your children;
8. specifically state which communications are allowed and which communications are not allowed;
9. allow either party to get his/her personal belongings from the home and order law enforcement to assist, if requested; and
10. order any other protections necessary to eliminate future domestic violence.¹

A domestic violence order (DVO) can include:

• the protections listed above in numbers 1 - 8; and
• the judge can also do the following:
  • give you temporary child support; 
  • order that either or both of you receive counseling services available in the community;
  • give you possession of any shared domestic animal;
  • if you request it, allow limited contact or communication between you and the abuser; and
  • if you request it, allow you and the abuser to be in a common area together under limited circumstances with specific restrictions laid out by the judge.²

Note: After a final DVO is issued, it’s possible to file a motion to amend it to request that the abuser wear a GPS device. The judge can grant your request if the abuser has committed a serious violation of a prior domestic violence order and if the judge believes that the GPS device would increase your safety.³

¹ KRS § 403.730(2)(a); see also the petition on the Kentucky Courts website
² KRS § 403.740(1)
³ KRS § 403.761(1)

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

You can file for an order due to acts of domestic violence and abuse committed against you or your minor child by any of the following people, which the law refers to as family members or members of an unmarried couple:

• your current or former spouse;
• your parent or step-parent;
• your adult sibling;
• your child or step-child;
• your grandparent or grandchild;
• a boyfriend / girlfriend with whom you currently or formerly live(d) “as a couple;” or
• a boyfriend / girlfriend with whom you have a child.¹

If the victim is a child, s/he can file against any person living in the same household regardless of their relationship.²

Note: The definition of “member of an unmarried couple” does not include a boyfriend / girlfriend with whom you do not have a child and with whom you have never lived.³ However, an interpersonal protective order does cover those types of dating relationships.

¹ KRS § 403.720(2), (3), (6)
² KRS § 403.720(3)
³ KRS § 403.720(6)

The law says that an adult can file on behalf of a minor victim.¹ The law is silent on whether the adult has to be the child’s parent or guardian. The law also doesn’t specifically say that a minor cannot file on his/her own. If you are a minor who wants to file your own petition without an adult helping you or if you want an adult to file for you who is not your parent or guardian, you may want to call your local courthouse to ask if this is possible.

¹ KRS § 403.725(1)

On the petition, you will be the “petitioner” and the abuser will be the “respondent.” On the petition, in the box provided for explaining why you want the protective order, write about the most recent incidents of violence, using specific language, such as slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible.

Note: Do not sign the forms until you are in front of the court clerk. Your statements must be made under oath and the forms may have to be notarized.

It may also be useful to bring identifying information about the abuser such as addresses of his/her residence and employment; a description and plate number of the abuser’s car; and information about his/her gun ownership. When filling our your address, be sure to give a safe mailing address. If you are staying at a shelter, give a post office box, not the street address. If you do not want the abuser to know your address, ask the clerk first how you can keep your address confidential.

If you get an EPO, it should be served on the abuser by law enforcement.  It is important that you provide accurate, up-to-date information about where the abuser can be found in order for the EPO to be served.  Arrangements for service will be made by the court clerk after the judge issues the order.  For sheriff department contact information, go to our KY Sheriff Departments page.  The respondent must receive notice of the hearing for the final DVO.  If s/he does not receive notice, the hearing will be rescheduled.

You can also register with a statewide system, called VINE Protective Order to receive a confidential notification when the order is served on the abuser.  

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

Here are some ideas of what you can do:

• Make several copies of the order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them. One week after court, call your local law enforcement offices to make sure they have received copies of the order.
• Take steps to safety plan, including changing your locks (if permitted by law) and your phone number.

Ongoing safety planning is important after receiving the order.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey protective orders, but some do not.  It is important to build on the things you have already been doing to keep yourself safe.  Click on Safety Planning for suggestions.  Advocates at local resource centers can assist you in designing a safety plan and can provide other forms of support; see KY Advocates and Shelters.

If the abuser intentionally violates your order, it can be considered contempt of court and a criminal offense, which is a Class A misdemeanor.¹

To report the violation to law enforcement, you can call 911 immediately or you can file a criminal complaint. In some cases, the abuser can be arrested right away and prosecuted for a crime. Tell the officers you have a DVO and the respondent is violating it. If found guilty of a violation of a DVO, the abuser can be fined or put in jail. It is often a good idea to write down the name of the responding officers and their badge numbers in case you want to follow up on your case.

Another way to address the violation of a domestic violence order is to go back to the court that issued the order to file a “show cause” motion for contempt.² A judge will then review the complaint or affidavit and decide what action to take.

Note: You can either pursue a civil proceeding or a criminal proceedings for the violation - you cannot pursue both. Once either proceeding has been filed, the other cannot be pursued, regardless of the outcome of the first proceeding.³

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ KRS § 403.763(1), (4)
² KRS § 403.763(2)(a)
³ KRS § 403.763(1)

If you move within Kentucky or to another state, your protective order will still be valid and good.  Federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.  You can read more on our Moving to Another State with a Kentucky Domestic Violence Order (DVO) page.

If you are moving to a new state, you may want to call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order in another state.

An interpersonal protective order is a civil court order that protects you from an abuser if you are a victim of:

• dating violence and abuse; or
• sexual assault or stalking committed by someone who is not a family member or an intimate partner with whom you live(d) or have a child.¹

If you do not fit into these categories, you can check our Protective Orders / Domestic Violence Orders to see if you qualify for that type of order instead.

¹ KRS § 456.030(1)

There are two types of interpersonal protective orders, temporary and final.

The judge will review your petition for an interpersonal protective order immediately after you file in court.¹ If the judge finds that there is an immediate and present danger of dating violence and abuse, sexual assault, or stalking, the judge can issue an ex parte temporary interpersonal protective order.² The judge will also schedule a hearing for a final interpersonal protective order within 14 days if the judge believes from reading your petition that dating violence and abuse, sexual assault, or stalking has occurred.¹

A final interpersonal protective order can only be issued only after the abuser has an opportunity to attend a court hearing in which you and the abuser both have a chance to present evidence, witnesses, testimony, etc. If after a hearing, the judge finds that dating violence and abuse, sexual assault, or stalking has occurred, the judge can issue a final interpersonal protective order that can last up to three years.³ The order may also be renewed – see Can an order be extended? for more information.

¹ KRS § 456.040(1)(a)
² KRS § 456.040(2)(a)
³ KRS § 456.060(1), (3)

Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.

Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:

1. El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
2. Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
3. Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.

Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.

Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.

You may file for an interpersonal protective order against:

• a current or former dating partner who committed dating violence and abuse against you, which includes stalking and sexual assault; or
• someone who is not a family member, dating partner, or spouse who committed stalking or sexual assault against you.¹

The judge may look at the following factors to decide if you and the abuser have a dating relationship according to the legal definition:

• whether you expressed a romantic interest in one another;
• whether the relationship was characterized by an expectation of affection;
• your attendance at social outings as a couple;
• the frequency and type of interaction between you and the abuser, including whether you have been involved together over time and continuously during the course of the relationship;
• the length of the relationship and how long ago it ended, if applicable; and
• other signs of a substantial connection that would lead a reasonable person to believe that a dating relationship existed.²

An adult may also file on behalf of a minor who qualifies for an interpersonal protective order. The law doesn’t specifically say that the adult has to be the minor’s parent or guardian.¹

In addition, if someone is criminally convicted of any degree of rape, sodomy, or sexual abuse against you or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse, an interpersonal protective order will automatically be issued on your behalf by the court that entered the judgment of conviction unless you request otherwise. In that case, the order can be effective for up to ten years, with the ability to renew it for up to ten years at a time.³

Note: If the person who has sexually assaulted, strangled, or stalked you is a family member or an intimate partner with whom you live(d) or have a child, or s/he is a current/former spouse, you would file for a protective order based on domestic violence instead. Please see Protective Orders / Domestic Violence Orders for more information

¹ KRS §§ 456.030(1); 456.010(2), (7), (8), (9)
² KRS § 456.010(1)
³ KRS § 510.037

You can file a petition for an interpersonal protective order in the county where you live or a county to which you have fled in order to escape dating violence and abuse, stalking, or sexual assault.¹

¹ KRS § 456.030(2)

If you have a valid Kentucky DVO that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid DVO’s granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my DVO is good under federal law? to find out if your DVO qualifies.

Each state must enforce out-of-state DVOs in the same way it enforces its own orders. If the abuser violates your out-of-state DVO, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.” 

An ex parte emergency protection order (EPO) can be enforced in other states as long as it meets the requirements listed in How do I know if my DVO is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte emergency protection order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)
 

Federal law does not require you to take any special steps to get your domestic violence order (DVO) enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid DVO is enforceable regardless of whether it has been registered or filed in the new state.¹ Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: It is important to keep a copy of your DVO with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your DVO enforced in another state. However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your DVO, and help you through the process if you decide to do so. To find a domestic violence advocate or an attorney in the state you are moving to, please visit our KY Places that Help page.

Custody, visitation, and child support provisions that are included in a DVO can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.¹

¹ 18 USC § 2266

Generally, only the state that issued your protection order can change, extend, or cancel the order. 

To have your order changed, extended, or canceled, you will likely have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

Kentucky law requires that you notify the courthouse in Kentucky where you filed your order to be authenticated if your protection order expires, is canceled, or is modified in any way by the court that issued the order. Within two business days of any such change, you have to notify the clerk and present a copy of the new order to be authenticated.¹

If your order does expire while you are living in Kentucky, you may be able to get a new one issued in Kentucky but this may be difficult to do if no new incidents of abuse have occurred in Kentucky.  To find out more information on how to get a protective order in Kentucky, visit our KY Protective Orders / Domestic Violence Orders page.  

¹ KRS § 403.7535(1), (2)

In order to register (authenticate) your out-of-state order in Kentucky, you can file a certified copy of your order in district court or circuit court.  A certified copy generally has a court seal or stamp and a signature on it from the clerk or judge.  If you do not have a certified copy, you can still file it in court.¹  See Can I register my protection order if I do not have a certified copy? for more information. 

Your order will then be presented to the district judge or circuit judge, who will read over the order and add any information that is necessary for entry into the Law Information Network of Kentucky system (LINK system), which is a statewide database of protection orders in Kentucky that all law enforcement officers have access to.  A law enforcement officer will check the LINK system when enforcing your order, which is why it is helpful to make sure that your order is registered in this system.¹ Once your order has been reviewed by the judge and entered into the LINK system, it will be considered authenticated and you will receive a certified copy of the affidavit that declares your order authenticated.²  Your order can then be enforced in any county in Kentucky, just as if it were a Kentucky domestic violence order.

To find a courthouse near you, go to our KY Courthouse Locations page. 

If you need help registering your protection order, you can contact a local domestic violence organization in Kentucky for assistance. You can find contact information for organizations in your area here on our KY Advocates and Shelters page.

¹ KRS § 403.7521(1)-(3)
² KRS § 403.7529(3)

It is possible to register your order without a certified copy but it is a more complicated process. To register an uncertified order, you can bring the uncertified copy to a courthouse in Kentucky where your order will be filed and will be considered valid for 14 days, which means it can be enforced during the 14-day period.  The clerk will contact the courthouse that issued your order and ask them to send a certified copy.  If a certified copy is not sent within the 14-day period, your order will be extended for another 14-day period.  However, Kentucky law says that if the Kentucky court does not receive a certified copy after the full 28 days have passed, your order will be considered expired and cannot be enforced.¹ 

You may want to check with the clerk of court before the 28 days have expired to make sure that the court received a certified copy of your order.  

If this your order does expire, you may be able file for a Kentucky domestic violence order if you qualify. You may want to get in touch with a local domestic violence organization in Kentucky for help with this process.  You can find contact information for local organizations on our KY Advocates and Shelters page.  

¹ KRS § 403.7527(3)

While federal law does not require that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a Kentucky law enforcement official to determine whether your order is real.  Once you have authenticated your order by filing it in court, the court will direct law enforcement to help you in having the order followed and order that it be enforced in any county.¹

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Kentucky. To see a list of local domestic violence organizations in Kentucky, go to our KY Advocates and Shelters page. 

¹ ​KRS § 403.7529(2)