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EspañolWho can get a domestic violence order?
In Kentucky, you can file for an order due to acts of domestic violence and abuse committed against you or your minor child by family members or members of an unmarried couple.
Family members are your:
- current or former spouse;
- parent or step-parent;
- adult sibling;
- child or step-child; or
- grandparent or grandchild.1
However, if the victim is a child, s/he can file against any person living in the same household regardless of their relationship.2
Members of an unmarried couple are:
- a boyfriend/girlfriend you live with, or used to live with, “as a couple;” or
- a boyfriend/girlfriend you share a child with.3
Note: The definition of “member of an unmarried couple” is very limited. However, an interpersonal protective order covers other types of dating relationships.
1 Ky. Rev. Stat. § 403.720(2), (3)
2 Ky. Rev. Stat. § 403.720(3)
3 Ky. Rev. Stat. § 403.720(6)
Can I get a domestic violence order against a same-sex partner?
In Kentucky, you may apply for a domestic violence order against a current or former same-sex partner as long as your relationship meets the requirements listed in Who can get a domestic violence protective order? You must also be the victim of an act of domestic violence and abuse, which is explained in What is the legal definition of domestic violence in Kentucky?
Can a minor file for an 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
- wants an adult who isn’t your parent or guardian to file for you.
1 Ky. Rev. Stat. § 403.725(1)(b)
How much does it cost to file for a domestic violence order? Do I need a lawyer?
There is no cost to file for a domestic violence protective order or to have law enforcement serve it.1
You do not need a lawyer to file for a domestic violence order. However, it can help to have one at your hearing to make sure that your rights are protected. This is especially true if the abuser has a lawyer. If you cannot afford a lawyer, you can find information on applying for legal assistance on our Kentucky Finding a Lawyer page.
If you are representing yourself, the domestic violence organizations in your area or staff at the courthouse may be able to answer some questions or help you fill out court forms. Also, our Preparing for Court – By Yourself section may be useful to you.
1 Ky. Rev. Stat. § 403.745(2)
If I am a minor, will the judge appoint an attorney for me?
If a court hearing is ordered for a final domestic violence order, 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.1 Also, it doesn’t matter if you are the petitioner or the respondent on the case; any minor party can get a GAL appointed.
1 Ky. Rev. Stat. § 403.727(2)
