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EspañolCan I get my protection order enforced in Kentucky? What are the requirements?
Your protection order can be enforced in Kentucky 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 court that issued the order had jurisdiction over the people and case. (In other words, the court 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
For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order on a military installation, please see our Military Protective Orders page.
Note: If your out-of-state protection order is violated in Kentucky, it’s important to know that you can either pursue a civil proceeding or a criminal proceeding for the violation - you cannot pursue both. Once either type of case has been filed, the other cannot be pursued, regardless of the outcome of the first proceeding.3 Go to What can I do if the abuser violates the order? for more information on enforcing protective orders in Kentucky.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
3 Ky. Rev. Stat. §§ 403.7521(5); 456.120(5)
Can I have my out-of-state protection order changed, extended, or canceled in Kentucky?
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)
I was granted temporary custody with my protection order. Will I still have temporary custody of my children in Kentucky?
As long as the child custody part of your order meets the standard of certain federal laws, Kentucky can enforce it.1
To have someone read your order and tell you if it meets these standards, contact a lawyer in your area. You can find one on our Kentucky Finding a Lawyer page.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
