Restraining Orders

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)