English
EspañolWhat is an interpersonal protective order?
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)
What is the legal definition of dating violence and abuse?
In Kentucky, dating violence and abuse is defined as one or more of the following acts between current or former dating partners:
- physical injury;
- serious physical injury;
- stalking;
- sexual assault;
- strangulation;
- putting you in fear of immediate (imminent) physical injury, serious physical injury, stalking, sexual assault, or strangulation;
- committing cruelty to animals in the 1st or 2nd degree;
- committing the crime of torturing a dog or cat;
- committing sexual crimes against an animal; or
- making you afraid that the acts listed in numbers 7, 8, and 9 will happen 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
If you are a victim of sexual assault or stalking, you don’t need to have any relationship with the offender to qualify for an interpersonal protective order.2
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. § 456.010(2)
2 Ky. Rev. Stat. § 456.030(1); see also the petition on the Kentucky Courts website
What is the legal definition of sexual assault?
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)
What is the legal definition of stalking?
For the purposes of getting an interpersonal protective order, stalking includes:
- the actions described in the crimes of stalking in the first degree or stalking 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(8)
What is the legal definition of strangulation?
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)
What is the legal definition of a dating relationship?
For the purposes of getting an interpersonal protective order, Kentucky defines a dating relationship as one that is “romantic or intimate.” It isn’t a normal friendship, or a casual business relationship.1 For more information about how the judge will evaluate your relationship, go to Am I eligible for an interpersonal protective order?
1 Ky. Rev. Stat. § 456.010(1)
What types of interpersonal protective orders are there? How long do they last?
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
What protections can I get in an interpersonal protective order?
In a temporary or final interpersonal protective order, the judge can:
- order the abuser not to:
- commit any acts of dating violence and abuse, stalking, or sexual assault;
- contact you or another person;
- throw away or damage any of your property or joint property;
- come within a specific distance – up to 500 feet – of you or another person;
- come within a specific distance of your home, school, workplace, or another place you go to frequently; and
- do anything else that the judge believes could put you in danger of future acts of dating violence and abuse, stalking, or sexual assault;
- give you possession of any shared domestic animal;
- order that you and/or the abuser receive counseling services available in the community in cases of dating violence and abuse; and
- allow the following type(s) of contact between you and the abuser if you specifically ask for it:
- limited, necessary contact; and
- being in a common area together under limited circumstances with specific restrictions laid out by the judge.1
1 Ky. Rev. Stat. §§ 456.040(2); 456.060(1)
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, 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.
