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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:
- 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;
- Go to our State Gun Laws section to read about your state’s specific gun-related laws; and
- 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.
What should I do when I leave the courthouse?
Here are some things that you may want to consider when you leave the courthouse. You will have to evaluate each one and decide if it is safe and appropriate for you to do.
- Review your order carefully before you leave the courthouse. If you see any errors, ask the clerk how to correct them.
- Make several copies of the DVO as soon as possible.
- Keep a copy of the DVO with you at all times.
- Leave copies at your workplace, at your home, at your children’s school or daycare, in your car, with a trusted neighbor, and so on.
- If you have a security guard or front desk person where you live or work, give him/her a copy of the order and a photo of the abuser.
- Give a copy of the order to anyone who is named in and protected by the order.
- You may want to change your locks and phone number.
You may also want to make a safety plan. People can do 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. So, it is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions.
I was not granted a domestic violence order (DVO). What are my options?
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.
What can I do if the abuser violates the order?
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 DVO, you can file a motion to amend your order 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 domestic violence 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. § 403.763(1)
2 Ky. Rev. Stat. § 403.763(2)(a)
3 Ky. Rev. Stat. § 403.761(1)
4 Ky. Rev. Stat. § 403.720(10)
Is violating a domestic violence order a crime in Kentucky?
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
How do I extend or change my domestic violence order?
Extending your order
You can apply to extend your DVO for an additional period of up to three years. There is no limit on the number of times an order may be extended (reissued).1 To apply, you will need to file a motion with the clerk in the same county where you got your original order before your current DVO expires.
Your case will be scheduled for a hearing where both you and the abuser can come to court and present evidence. If there haven’t been any new acts of domestic violence since the order was entered, be prepared to explain to the judge why you are still in danger of further abuse – for example, based on the history of abuse, gun ownership, etc.
Changing your order
Either you or the abuser can file a motion to change (amend) a DVO.2 After a hearing, the judge will decide whether or not to amend the order.
Note: After a final DVO is issued, 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 domestic violence 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. § 403.740(4)
2 Ky. Rev. Stat. § 403.745(5)
3 Ky. Rev. Stat. § 403.761(1)
4 Ky. Rev. Stat. § 403.720(10)
What happens to my order if I move?
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
If I get a domestic violence order, will it show up in an internet search?
According to federal law, courts are not supposed to make any information publicly available on the internet that would be likely to reveal your identity or location. This applies to all of these documents:
- the petition you file;
- the protective order, restraining order, or injunction you get; or
- the registration of an order in a different state.1
Federal law applies to all states, territories, and tribal lands.
1 18 USC § 2265(d)(3)
