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EspañolStep 1 - Get the necessary forms.
You will need to file the forms in the county courthouse – you can choose to file either where you live, or where you have fled to escape the abuse.1 Check our Kentucky Courthouse Locations page to find contact information for the courthouse in your area. You can also find links to online forms on our Kentucky Download Court Forms page.
If you need to file outside of normal business hours, contact your local police or a domestic violence agency near you to find out what to do. In Kentucky, the law provides 24-hour access to protective orders in every county. If you are at a domestic violence shelter, they might be able to file the petition electronically on your behalf.2
Even during regular business hours, most domestic violence organizations and shelters can provide support for you while you fill out these papers and go to court. Go to our Kentucky Advocates and Shelters page for contact information.
If you or your child are in immediate danger and you need protection right away, be sure to tell the clerk that you want an emergency protective order (EPO). An EPO is temporary, but if you qualify for one it can go into effect right away so that you’re protected before the abuser finds out about the case.
1 Ky. Rev. Stat. § 403.725(2)
2 Ky. Rev. Stat. § 403.725(6)(b), (6)(d)
Step 2 - Carefully fill out the forms.
When you fill out the forms, you will be the “petitioner” and the abuser will be the “respondent.” In the petition, you will see a space for explaining why you want the protective order. When you write about the abuse, use descriptive language to explain what the abuser did to you. Here are just a few examples of descriptive words: slap, hit, grab, choke, threaten, etc. Be as specific as you can. Include details about when and where the abuse happened, the fear or pain you felt, and any injuries you had.
Note: Do not sign the forms until you are in front of the court clerk. Your statements must be made under oath and the forms may have to be notarized. You’ll need a current photo ID for the notary.
It may also be useful to bring as much identifying information as you can about the abuser. Think about things like:
- addresses of his/her home and workplace;
- a description and plate number of his/her car; and
- information about his/her gun ownership.
When you fill out your address, be sure to use a safe mailing address. If you are staying at a shelter, give a post office box, not the street address. Kentucky courts are supposed to keep your address confidential,1 but if the abuser doesn’t know your address, you may want to ask the clerk if there are any extra steps you need to take to make sure it’s kept confidential. Keep in mind that if you are filing in the county you fled to and the abuser doesn’t know you are living there, the abuser will know what county you moved to.
1 Ky. Rev. Stat. § 403.745(9)
Step 3 - The judge considers your petition and may grant you an emergency order.
When you have filed the forms with the clerk of court, s/he will bring them to the judge. If the judge believes there is an immediate and present danger of domestic violence and abuse, s/he may give you an emergency protective order (EPO). An EPO will last for 14 days, until your full court hearing.1 When you get your order, you will be told when your next court date is.
Even if the judge denies you an EPO, s/he can still decide to give you a hearing date. That can happen if the judge believes that domestic violence and abuse exist, even if s/he did not believe you were in immediate danger. Your hearing will take place within 14 days of the day you filed your petition.2 At the hearing, you and the abuser will both have a chance to present evidence to the judge.
1 Ky. Rev. Stat. § 403.730(1)(a), (2)(a)
2 Ky. Rev. Stat. § 403.730(1)(a)
Step 4 - Service of process
If you are given a court date, law enforcement will serve the abuser (respondent) with:
- the summons;
- the hearing order; and
- your EPO, if you got one.1
After the judge issues the order(s), the court clerk will arrange to get your papers served. It’s important that you provide accurate, up-to-date information about where the abuser lives and works so officers will know where to find him/her. The abuser must be notified about the hearing before the judge can consider granting the final DVO. If s/he does not receive notice, the hearing will be rescheduled.
For sheriff department contact information, go to our Kentucky Sheriff Departments page.
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1 Ky. Rev. Stat. § 403.730(1)(b)
Step 5 – DVO court hearing
You must go the court hearing for the DVO. If you miss court, your emergency protective order (EPO) will expire, and you may not be able to get a domestic violence order (DVO). If the abuser does not show up for the hearing, the judge will either:
- grant you a DVO; or
- schedule a new hearing date and extend your EPO until then.
At the hearing, it can help to have a lawyer to make sure your rights are protected. This is especially true if the abuser has a lawyer. If you go to the hearing and the abuser has a lawyer, you can ask for a “continuance.” This means postponing the case so that you can get a lawyer, too. Go to our Kentucky Finding a Lawyer page for legal referrals. You can also represent yourself. See our At the Hearing page in our Preparing for Court -By Yourself section for tips on how to represent yourself in a protective order hearing.
