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EspañolAm I eligible for an interpersonal protective order?
You may file for an interpersonal protective order (IPO) against:
- a current or former dating partner who committed dating violence and abuse against you, including stalking and sexual assault; or
- someone who is not a family member, dating partner, or spouse who committed stalking or sexual assault against you.1
The judge may look at the following factors to decide if your relationship with the abuser meets the legal definition of a dating relationship:
- whether you expressed a romantic interest in each other;
- whether you expected affection from each other;
- your attendance at social outings as a couple;
- how regularly you and the abuser interacted with each other, including the types of interactions you had and whether you were involved with each other consistently;
- the length of the relationship and how long ago it ended, if applicable; and
- other signs of a substantial connection that would lead a reasonable person to believe that a dating relationship existed.2
An adult may also file on behalf of a minor who qualifies for an IPO. The law doesn’t specifically say that the adult has to be the minor’s parent or guardian.3
1 Ky. Rev. Stat. §§ 456.030(1); 456.010(2), (7), (8), (9)
2 Ky. Rev. Stat. § 456.010(1)
3 Ky. Rev. Stat. § 456.030(1)
Can a minor file for an interpersonal protective order?
The law says that an adult can file on behalf of a minor victim.1 The law is silent on whether the adult has to be the child’s parent or guardian. The law also doesn’t specifically say that a minor cannot file on his/her own.
You may want to call your local courthouse to ask about your options if you are a minor who wants to file your own petition without an adult, or if you want an adult who isn’t your parent or guardian to file for you.
1 Ky. Rev. Stat. § 456.030(1)(d)
If I am a minor, will the judge appoint an attorney for me?
If a court hearing is ordered for a final IPO, the judge is supposed to appoint a guardian ad litem (“GAL”) for any minor who does not already have an attorney. There is no cost to the minor to have a GAL. Also, it doesn’t matter if you are the petitioner or the respondent on the case; you can still get a GAL appointed.1
1 Ky. Rev. Stat. § 456.035(2)
