This section defines domestic violence for the purposes of getting a domestic violence protective order. Kentucky law defines “domestic violence and abuse” as 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, sexual abuse, or incest;
3. a criminal attempt, conspiracy, facilitation, or solicitation to commit sexual assault;
4. committing assault;
5. committing stalking;
6. committing the acts described in strangulation in the first degree or strangulation in the second degree; 
7. a criminal attempt, conspiracy, facilitation, or solicitation to commit the strangulation in the first or second degree; 
8. putting you in fear of immediate physical injury, serious physical injury, sexual abuse, strangulation, or assault;
9. committing cruelty to animals in the 1^st or 2^nd degree;
10. torturing a dog or cat; 
11. committing sexual crimes against an animal; or
12. making you afraid that the abuser will commit the acts listed in numbers 9 through 11, above, to a pet you’re close to, in order to force you to do something, control you, punish you, scare you, or get revenge against you.¹

Note: It’s important to know that the abuser does not have to be arrested or convicted for committing any of these crimes listed above.

¹ Ky. Rev. Stat. § 403.720(2), (8), (9)

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

1. order the abuser not to commit acts of domestic violence and abuse against you;
2. order the abuser not to contact you or anyone else named in the order, including contact that is:
   • face-to-face;
   • by telephone;
   • in writing;
   • electronic; or
   • through a third party;
3. order the abuser to stay up to 500 feet away from you or anyone else named in the order;
4. order the abuser not to come within a certain distance of a specific home, school, or place of employment;
5. order the abuser not to 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. if contact is allowed, specifically explain which types of communication are allowed and which types are not allowed;
9. allow either party to get his/her personal belongings from the home and order law enforcement to help, if requested; and
10. order any other protections necessary to prevent future domestic violence.¹

A final domestic violence order (DVO) can include:

• the protections listed above in numbers 1 - 8 & 10; and
• any of the following additional terms:
  • giving you temporary child support;
  • ordering that either or both of you receive counseling services available in the community;
  • giving you possession of any shared pets (“domestic animals”);
  • if you ask for it, allowing you and the abuser to:
    • have limited contact or communication; and
    • be in a common area together under limited circumstances with specific restrictions placed on the abuser.²

¹ Ky. Rev. Stat. § 403.730(2)(a); see also the petition on the Kentucky Courts website
² Ky. Rev. Stat. § 403.740(1)

When you and the abuser live in different states, the judge in your state may not have legal power (“personal jurisdiction”) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or perhaps the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you, but s/he has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, the abuser may agree (consent) to an order, or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file in the courthouse in the abuser’s state. However, remember that you might need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.

In Kentucky, you can file for an order due to acts of domestic violence and abuse committed against you or your minor child by family members or members of an unmarried couple.

Family members are your:

• current or former spouse;
• parent or step-parent;
• adult sibling;
• child or step-child; or
• grandparent or grandchild.¹

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

Members of an unmarried couple are:

• a boyfriend/girlfriend you live with, or used to live with, “as a couple;” or
• a boyfriend/girlfriend you share a child with.³

Note: The definition of “member of an unmarried couple” is very limited. However, an interpersonal protective order covers other types of dating relationships.

¹ Ky. Rev. Stat. § 403.720(2), (3)
² Ky. Rev. Stat. § 403.720(3)
³ Ky. Rev. Stat. § 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.

You may want to call your local courthouse to ask about your options if you are a minor who:

• wants to file your own petition without an adult; or
• wants an adult who isn’t your parent or guardian to file for you.

¹ Ky. Rev. Stat. § 403.725(1)(b)

If a court hearing is ordered for a final domestic violence order, the judge is supposed to appoint a guardian ad litem (“GAL”) for any minor who does not already have an attorney. There is no cost to the minor to have a GAL.¹ Also, it doesn’t matter if you are the petitioner or the respondent on the case; any minor party can get a GAL appointed.

¹ Ky. Rev. Stat. § 403.727(2)

You will need to file the forms in the county courthouse – you can choose to file either where you live, or where you have fled to escape the abuse.¹ Check our Kentucky Courthouse Locations page to find contact information for the courthouse in your area. You can also find links to online forms on our Kentucky Download Court Forms page.

If you need to file outside of normal business hours, contact your local police or a domestic violence agency near you to find out what to do. In Kentucky, the law provides 24-hour access to protective orders in every county. If you are at a domestic violence shelter, they might be able to file the petition electronically on your behalf.²

Even during regular business hours, most domestic violence organizations and shelters can provide support for you while you fill out these papers and go to court. Go to our Kentucky Advocates and Shelters page for contact information.

If you or your child are in immediate danger and you need protection right away, be sure to tell the clerk that you want an emergency protective order (EPO). An EPO is temporary, but if you qualify for one it can go into effect right away so that you’re protected before the abuser finds out about the case.

¹ Ky. Rev. Stat. § 403.725(2)
² Ky. Rev. Stat. § 403.725(6)(b), (6)(d)

When you have filed the forms with the clerk of court, s/he will bring them to the judge. If the judge believes there is an immediate and present danger of domestic violence and abuse, s/he may give you an emergency protective order (EPO). An EPO will last for 14 days, until your full court hearing.¹ When you get your order, you will be told when your next court date is.

Even if the judge denies you an EPO, s/he can still decide to give you a hearing date. That can happen if the judge believes that domestic violence and abuse exist, even if s/he did not believe you were in immediate danger. Your hearing will take place within 14 days of the day you filed your petition.² At the hearing, you and the abuser will both have a chance to present evidence to the judge.

¹ Ky. Rev. Stat. § 403.730(1)(a), (2)(a)
² Ky. Rev. Stat. § 403.730(1)(a)

You must go the court hearing for the DVO. If you miss court, your emergency protective order (EPO) will expire, and you may not be able to get a domestic violence order (DVO). If the abuser does not show up for the hearing, the judge will either:

• grant you a DVO; or
• schedule a new hearing date and extend your EPO until then.

At the hearing, it can help to have a lawyer to make sure your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask for a “continuance.” This means postponing the case so that you can get a lawyer, too. Go to our Kentucky Finding a Lawyer page for legal referrals. You can also represent yourself. See our At the Hearing page in our Preparing for Court -By Yourself section for tips on how to represent yourself in a protective order hearing.

Once you get a domestic violence order, there may be laws that prohibit the abuser from having a gun in his/her possession. There are a few places where you can find this information:

1. Read the questions on this page to see if judges in Kentucky have to power to remove guns as part of a temporary or final order;
2. Go to our State Gun Laws section to read about your state’s specific gun-related laws; and
3. Read our Federal Gun Laws section to learn about the federal gun laws that apply to all states.

You can learn more about keeping an abuser from having guns on the National Resource Center on Domestic Violence and Firearms’ website.

Even if the judge does not give you a DVO, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence organizations on our Kentucky Places that Help page to get help, support, and advice on how to stay safe. They can help you develop a safety plan and try to connect you with the local resources you need. For safety planning help, ideas, and information, go to our Safety Planning page.

If you believe the judge made an error of law, you can talk to a lawyer about the possibility of an appeal. You can find basic information on our Filing an Appeal page. Generally, appeals are complicated and you will most likely need the help of a lawyer.

You may also be able to reapply for a domestic violence order if a new incident of domestic violence and abuse occurs after your DVO is denied.

If you were not granted a DVO because your relationship with the abuser does not qualify, you may qualify for an interpersonal protective order instead.

Intentionally violating a domestic violence order is usually a Class A misdemeanor.¹ A Class A misdemeanor in Kentucky is punishable by up to one year in jail and a fine of up to $500.²

However, if the abuser gets convicted of violating a protective order more than twice within a five-year period, any further violations could be charged as a Class D felony.¹ A Class D felony in Kentucky is punishable by up to five years in jail and a fine of up to $10,000.³

Note: In order to count towards a felony charge, the violations must have involved the use or attempted use of physical force or a threat of physical harm. Also, the violations don’t all have to come from the same protective order. If s/he is convicted of violating someone else’s protective order in addition to yours, those violations will count as previous convictions.

¹ Ky. Rev. Stat. § 403.763(4)
² Ky. Rev. Stat. §§ 532.090(1); 534.040(2)(a)
³ Ky. Rev. Stat. §§ 532.060(2)(d); 534.030

Your DVO is automatically good throughout Kentucky as well as in all other states, U.S. territories, and tribal lands. Federal law provides what is called “full faith and credit.” This means that once you have a criminal or civil protective order, it is valid wherever you go in the U.S.¹ You can read more in our Moving to Another State with a Kentucky Protective Order section.

Different states may have different rules for enforcing out-of-state protective orders. You may want to talk to a local domestic violence program in the state where you will be living for more information.

You may also call the National Center on Protection Orders and Full Faith & Credit for information on enforcing an out-of-state order. Call 1-800-903-0111, ext. 2.

Note: There are special rules about military protective orders (MPO). If you have an MPO and are moving off the installation, please see our Military Protective Orders page.

¹ 18 U.S.C. §§ 2265; 2266

An interpersonal protective order is a civil court order that protects victims of:

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

If your situation doesn’t fit into these categories, you can look at the information we have on Domestic Violence Orders to see if you qualify for that type of order instead.

¹ Ky. Rev. Stat. § 456.030(1)

For the purposes of getting an interpersonal protective order, sexual assault includes:

• an act of rape, sodomy, incest, or sexual abuse in any degree; or
• a criminal attempt, conspiracy, facilitation, or solicitation to commit any of those crimes.¹

The law defines all of these crimes in Chapter 510 of the Penal Code, which you can find on our Selected Kentucky Statutes page.

¹ Ky. Rev. Stat. § 456.010(7)

For the purposes of getting an interpersonal protective order, strangulation includes:

• 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 either of those crimes.¹

¹ Ky. Rev. Stat. § 456.010(9)

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

An ex parte temporary interpersonal protective order (TIPO) can be granted before the abuser finds out about the case (“ex parte”) if the judge believes that you are in immediate and present danger of dating violence and abuse, sexual assault, or stalking. The TIPO will last for 14 days, or until your final hearing is held.¹ If law enforcement is unable to serve the abuser prior to the hearing, the judge can postpone the court date and extend your TIPO for another 14 days. The TIPO can be extended multiple times over a six-month period while law enforcement attempts service. If you ask, the judge, s/he can excuse you from returning to court until the abuser has been served. However, at the end of the six-month period, if the respondent cannot be located to be served, the emergency protective order will be dismissed “without prejudice,” which means you could re-file.²

A final interpersonal protective order (IPO) can only be issued after the abuser has been notified about the case. S/he must have an opportunity to attend a court hearing where both of you have a chance to present evidence, witnesses, testimony, etc. At the end of the hearing, if the judge finds that dating violence and abuse, sexual assault, or stalking has occurred, s/he can issue a final IPO that can last for up to three years.³ The IPO may also be renewed – see Can an interpersonal protective order be extended? for more information.

In addition, you will automatically get an IPO from the criminal court if someone is convicted of any of the following crimes against you:

• any degree of rape, sodomy, or sexual abuse; or
• a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse.⁴

If you don’t want the IPO, you have to tell the criminal court judge. An IPO that was entered after a criminal conviction can be effective for up to ten years. You will also have the option to renew it for up to ten years at a time.⁴

¹ Ky. Rev. Stat. § 456.040(1), (2)
² Ky. Rev. Stat. § 456.050(2)
³ Ky. Rev. Stat. § 456.060(1), (3)
⁴ Ky. Rev. Stat. § 510.037

When you and the abuser live in different states, the judge in your state may not have legal power (“personal jurisdiction”) over an out-of-state abuser. This means that the judge may not be able to grant an order against him/her.

However, there are a few ways that a judge can get personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, to see extended family, or for business, or perhaps the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you, but s/he has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

Even if none of the above apply to your situation, you may still be able to get an order. If you file, on the abuser may agree (consent) to an order or the judge may decide there are other reasons to grant the order.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to give you an order because of personal jurisdiction, you can file in the courthouse in the abuser’s state. However, you might need to file the petition in person and attend various court dates. This could be difficult if the abuser’s state is far away.

You may file for an interpersonal protective order (IPO) against:

• a current or former dating partner who committed dating violence and abuse against you, including 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 your relationship with the abuser meets the legal definition of a dating relationship:

• whether you expressed a romantic interest in each other;
• whether you expected affection from each other;
• your attendance at social outings as a couple;
• how regularly you and the abuser interacted with each other, including the types of interactions you had and whether you were involved with each other consistently;
• 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 IPO. The law doesn’t specifically say that the adult has to be the minor’s parent or guardian.³

¹ Ky. Rev. Stat. §§ 456.030(1); 456.010(2), (7), (8), (9)
² Ky. Rev. Stat. § 456.010(1)
³ Ky. Rev. Stat. § 456.030(1)

If a court hearing is ordered for a final IPO, the judge is supposed to appoint a guardian ad litem (“GAL”) for any minor who does not already have an attorney. There is no cost to the minor to have a GAL. Also, it doesn’t matter if you are the petitioner or the respondent on the case; you can still get a GAL appointed.¹

¹ Ky. Rev. Stat. § 456.035(2) 

The steps to get an interpersonal protective order are identical to the steps to get a domestic violence protective order. If you have any questions, you can call the clerk of court. You can find the contact information for your clerk on the Kentucky Courthouse Locations page.

When your final order is about to expire, you can apply in court for it to be renewed (reissued) for a period of up to three years. You must file your motion before your current IPO expires. There is no specific limit to the number of times that you can apply to renew your order. However, if the order was never violated since it was issued, the judge may consider that when deciding whether or not to reissue the order.¹

¹ Ky. Rev. Stat. § 456.060(3)

If the abuser intentionally violates your order, his/her actions can be considered as civil contempt of court and a criminal offense. There are two different ways to get help, but state law requires you to choose between them. You can either pursue a civil proceeding or a criminal proceeding for the violation - you cannot pursue both. Once either proceeding has been filed, the other cannot be filed for the same violation, regardless of the outcome of the first proceeding.¹

Through the Police or Sheriff (Criminal)

You can call 911 even if you think it is a minor violation. You may also be able to file a criminal complaint. The abuser can be arrested and prosecuted for the crime of violating the order, in addition to any other crimes s/he committed while violating it, such as assault, stalking, etc.

It is a good idea to write down the names and badge numbers of the responding officer(s) in case you want to follow up on your case. You may want to make sure a police report is filled out, even if the abuser is not arrested. If you have legal documentation of all violations of the order, it may help you get the order extended or changed (modified) in the future.

Through the Civil Court System (Civil)

If the abuser hasn’t been arrested, you may file for civil contempt in the court that issued the order by going to the clerk’s office.² You will have to fill out some forms that the court clerk will give you. You will also have to attend a court hearing to prove that the abuser violated the order.

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

Note: If a judge in criminal or civil court finds that the abuser has violated your IPO, you can 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 “substantial violation” of your interpersonal protective order; and
• the judge believes that the GPS device would increase your safety.³

A “substantial violation” is a criminal act that involves actual or threatened harm to you, your family, your property, or a household pet.⁴

For more information, you can go to page 6 of the booklet How to Obtain a Protective Order from the Kentucky Administrative Office of the Courts.

¹ Ky. Rev. Stat. § 456.180(1)
² Ky. Rev. Stat. § 456.180(2)(a)
³ Ky. Rev. Stat. § 456.100(1)
⁴ Ky. Rev. Stat. § 456.010(10)

A protective order is good anywhere in the United States as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you;¹
• The judge that gave the order had power (jurisdiction) over the people and case - in other words, the judge had the authority to hear the case; and
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Kentucky has tried to make it easier for out-of-state courts to determine when its orders are entitled to full faith and credit by clearly stating the required information on its protective orders.³

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protective order (DVO or IPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)
³ Ky. Rev. Stat. §§ 403.7524; 456.130; see also order of protection form

You do not need a lawyer to get your protective order enforced in another state.

However, you may want to get help from a lawyer, or from a local domestic violence advocate, in the state that you move to. A domestic violence advocate can tell you what the advantages and disadvantages are for registering your protective order. S/he may also be able to help you through the process if you decide to register it. To find a domestic violence advocate or an attorney in your new state, go to our Places that Help page and select that state from the drop-down menu.

If your DVO includes custody, visitation, and child support, these parts of the order can be enforced in any state. Law enforcement and courts must enforce your temporary custody order as long as it meets certain federal law standards.¹

To have someone read your order and tell you if it meets these standards, contact a lawyer in your new state. To find a lawyer, go to our Finding a Lawyer page and choose the state from the drop-down menu.

¹ 18 U.S.C. § 2266

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

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 or video rather than in person, so that you do not need to return to the state where the abuser lives. You can find out if this is possible in your state by calling the clerk of the court that issued your order. If you need contact information for that court, go to our Courthouse Locations page and choose the state from the drop-down menu. To learn more about changing your order, see the Restraining Orders page for the state where your order was issued.

If you have registered your out-of-state (“foreign”) order with a Kentucky court, you have to let that court know if the order ends or is changed  by the court that issued it. Within two business days, you must:

• notify the clerk at the Kentucky courthouse where you registered your order; and
• present a copy of the new order, if there is one, so it can be registered (authenticated).¹

If your order does expire while you are living in Kentucky, you may be able to get a new protective order in Kentucky. However, 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 Kentucky Protective Orders page.

¹ Ky. Rev. Stat. §§ 403.7535(1), (2); 456.170(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 the signature of the clerk or judge. If you don’t have a certified copy, 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 judge. S/he will read over it and add any information that is necessary for entry into the Law Information Network of Kentucky (LINK) system. LINK is a statewide database of protection orders in Kentucky that all law enforcement officers have access to. If you need to enforce your order, officers will check the LINK system to help make sure it is valid.¹ That’s why it can be helpful to register your order in Kentucky.

Once your order has been reviewed by the judge and entered into the LINK system, it will be considered authenticated. You will receive a certified copy of an affidavit that declares your order authenticated. Your order can then be enforced in any county in Kentucky, just as if it were a Kentucky protective order.²

To find a courthouse near you, go to our Kentucky 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 on our Kentucky Advocates and Shelters page.

¹ Ky. Rev. Stat. §§ 403.7527(1)-(3); 456.140(1)-(3)
² Ky. Rev. Stat. §§ 403.7529); 456.150

It is possible to register your order without a certified copy, but it’s a more complicated process.

Here are the steps for registering an uncertified order:

1. Bring the uncertified copy to a courthouse in Kentucky.
2. Your order will be filed, and will be considered valid for 14 days, which means it can be enforced during that time.
3. The Kentucky clerk will contact the courthouse that issued your order and ask them to send a certified copy.¹

Once Kentucky receives the certified copy of your order, it will be entered into the Law Information Network of Kentucky (LINK) system. LINK is a statewide database of protection orders in Kentucky that all law enforcement officers have access to. The clerk should let you know when your order has been registered. If you don’t hear anything from the clerk after a few weeks, you may want to check to make sure that the court received a certified copy of your order. 

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

¹ Ky. Rev. Stat. §§ 403.7527(3); 456.140(3)

According to federal and state laws, you do not need to register your protection order to get it enforced in Kentucky.¹ However, if your order is not entered into the state registry, it may be harder for a Kentucky law enforcement official to check if your order is valid. So, it could take longer to get your order enforced.

If you are unsure about whether registering your order in Kentucky is right for you, you may want to talk with a domestic violence advocate. An advocate can help you decide what is safest for you. You can find domestic violence organizations in Kentucky on our Kentucky Advocates and Shelters page.

¹ Ky. Rev. Stat. §§ 403.7521; 456.120