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EspañolWhat is the legal definition of domestic violence in Kentucky?
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:”
- causing physical injury or serious physical injury;
- committing sexual assault, which includes any degree of rape, sodomy, sexual abuse, or incest;
- a criminal attempt, conspiracy, facilitation, or solicitation to commit sexual assault;
- committing assault;
- committing stalking;
- committing the acts described in strangulation in the first degree or strangulation in the second degree;
- a criminal attempt, conspiracy, facilitation, or solicitation to commit the strangulation in the first or second degree;
- putting you in fear of immediate physical injury, serious physical injury, sexual abuse, strangulation, or assault;
- committing cruelty to animals in the 1st or 2nd degree;
- torturing a dog or cat;
- committing sexual crimes against an animal; or
- 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)
What types of domestic violence protective orders are there? How long do they last?
There are two types of domestic violence orders, emergency protective orders and domestic violence orders.
An emergency protective order (EPO) is a temporary order. It can be issued before the abuser is notified (ex parte) if the judge believes there is an immediate and present danger of domestic violence and abuse.1 Generally, an EPO lasts for 14 days until your hearing for a domestic violence order.2 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. The EPO 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.3
A domestic violence order (DVO) is a final order. It 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. It doesn’t matter whether or not the abuser chooses to come to court; what matters is that s/he was given the chance to be there. However, you must attend the DVO hearing. If you don’t go to court, your EPO may expire and you will have to start the process over. If the judge believes that domestic violence and abuse has happened and may happen again, s/he can issue a DVO.4 A DVO can last for up to three years. You may also extend your DVO for additional three-year period(s).5 See How do I change or extend my domestic violence order? for more information on this process.
Note: EPOs and DVOs are not enforceable until:
- they have been served on the abuser; or
- the abuser has been told by a law enforcement officer or the judge that the order exists and what its terms are, which is known as being given “oral notice.”6
1 Ky. Rev. Stat. § 403.730(2)(a)
2 Ky. Rev. Stat. § 403.730(1)(a)
3 Ky. Rev. Stat. § 403.735(2)
4 Ky. Rev. Stat. § 403.740(1)
5 Ky. Rev. Stat. § 403.740(4)
6 Ky. Rev. Stat. § 403.745(1)
What protections can I get in an emergency protective order and a domestic violence order?
An emergency protective order (EPO) can do the following:
- order the abuser not to commit acts of domestic violence and abuse against you;
- 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;
- order the abuser to stay up to 500 feet away from you or anyone else named in the order;
- order the abuser not to come within a certain distance of a specific home, school, or place of employment;
- order the abuser not to sell or destroy any of your property or any property you share with him/her;
- order the abuser to leave the home you share;
- give you temporary custody of your children;
- if contact is allowed, specifically explain which types of communication are allowed and which types are not allowed;
- allow either party to get his/her personal belongings from the home and order law enforcement to help, if requested; and
- 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)
In what county do I file for a domestic violence order?
You can file for a domestic violence order in the county where:
- you live; or
- you have fled in order to escape abuse.1
However, you may want to think carefully before you file. If you have left your home, you may not want the abuser to know where you’ve gone. Even if your actual address is hidden from the abuser, filing in your new county would let him/her know that you are living there now.
Your petition can be filed in family court, if the county you’re filing in has one. Otherwise, you can file in either district court or circuit court.2
1 Ky. Rev. Stat. § 403.725(2)
2 Ky. Rev. Stat. § 403.725(6)(a)
If the abuser lives in a different state, can I still get an order against him/her?
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:
- 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.
- 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.
- 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.
