How To Get A Restraining Order In Kentucky

A Kentucky restraining order (also known as a protective or no-contact order) is a civil court order that protects victims of abuse or other crimes from future acts of violence or abuse. Victims of dating violence and abuse, domestic violence and abuse, stalking, or sexual assaults can apply for a restraining order. Generally, restraining orders offer several forms of relief, including prohibiting an abuser from contacting their victim through any means and entering their victim's residence, property, school, or place of employment.

In Kentucky, restraining order cases differ from criminal cases and are treated as civil cases. As a result, information about restraining orders is featured in Kentucky civil court records.

Types Of Restraining Orders in Kentucky

The following are some of the most common types of restraining orders under Kentucky Law:

• Emergency protective order (EPO): This can be issued by a judge if they believe a petitioner is in immediate danger of further acts of violence, stalking, or sexual assault based on the details of their petition. An EPO is usually issued in domestic violence and abuse cases and lasts until a hearing for a domestic violence order, usually within 14 days.
• Interpersonal protective order (IPO): There are two types—temporary and final. A temporary IPO lasts until a court-ordered hearing, and it is issued when a judge finds that a petitioner is in immediate or present danger of dating violence and abuse, sexual assault, or stalking based on their initial petition. Meanwhile, a final IPO can last up to three (3) years, and it is issued after a hearing if a judge finds that dating violence and abuse, sexual assault, or stalking has occurred.
• Domestic violence orders (DVO): This lasts up to three (3) years and may be issued after a court hearing for a domestic violence or abuse case. Provided the judge believes that domestic violence or abuse has occurred and may happen again.

Are Restraining Orders Public Record In Kentucky?

Yes. Court records, including those connected to restraining orders, are subject to the Kentucky Open Records Act (KRS 61.870 to 61.884). Thus, anyone can usually access case records of restraining orders.

However, a court can seal a restraining order, which limits or restricts access to the order. Exemptions to the Kentucky Open Records Act, outlined in KRS 61.878, may also limit public access to personal information detailed in restraining orders, like the petitioner's home address, social security number, and identifiable information about juveniles. These pieces of information are exempt because their release would constitute an unwarranted invasion of personal privacy.

How To Lookup Restraining Orders In Kentucky

Record seekers can look up restraining orders in Kentucky through any of the following:

• The Circuit Court Clerk's Offices of Kentucky Counties
• Kentucky's Administrative Office of the Courts (AOC) CourtNet portal
• Third-party websites.

Can You Lookup A Restraining Order Online?

Unfortunately, Kentucky does not have a dedicated government-operated online database that interested persons can use to look up restraining orders. However, record seekers can look up basic details and public court records of restraining order cases online through Kentucky's Administrative Office of the Courts (AOC) CourtNet portal. Only minimal information about cases, such as party names, case numbers, and case statutes, is accessible through the portal. Record seekers must contact the County Circuit Court Clerk's office that issued the sought-after restraining order for more comprehensive details and records.

Alternatively, interested persons can utilize third-party websites that provide background check services to look up restraining order(s) against an individual online.

How To File A Restraining Order In Kentucky

Eligible individuals can use the following steps to apply for a restraining order in Kentucky:

• Complete Kentucky's Petition/Motion for Order of Protection form: a petitioner must provide information about the respondent (the abuser) in the form, such as their current address, employer's name and address, date of birth, Social Security number, physical description, and other requested information. This would enable law enforcement to serve the respondent with the petition. The petitioner must also provide their personal information, such as their address, age, date of birth, and other similar information. They must also provide the name, address, and date of birth of the children they may have with the respondent, state their relationship with the respondent, and what the respondent did to warrant the filing. The petitioner can also select what actions they would like the court to take by checking relevant boxes at the back of the form, signing it before the court clerk, and having it notarized.
• File the completed Petition/Motion for Order of Protection form: it must be filed with the Office of Circuit Court Clerk in the petitioner's county of residence or where they currently reside, if they left home to escape the abuse. There are all 120 Offices of Circuit Court Clerk in Kentucky, and petitioners can find their contact information and addresses on the Kentucky Court of Justice Circuit Court Clerks page. The petition will be sent to a judge, and they may issue an EPO, TIPO, or a summons, and a hearing will be scheduled within 14 days to decide if a long-term order is needed. Petitioners can query the Circuit Court Clerk to find out their hearing date.
• Serve the protective order or summons on the respondent: Law enforcement does this, and the protective order goes into effect as soon as the respondent is served with a copy of the order or notified about it.
• Attend the hearing: During the hearing, the petitioner can bring witnesses or evidence, such as pictures of their injuries, medical records, or police reports, to validate their claims. Other forms of evidence that prove abuse, stalking, or sexual assault happened may also be provided. If the judge finds that abuse occurred and can happen again, they will grant a long-term order—either a Domestic Violence Order or an Interpersonal Protective Order, which lasts up to three (3) years.

Can You File A Restraining Order For No Reason In Kentucky?

No. Under the relevant Kentucky statutes, like KRS Chapter 456, petitioners are required to provide reasonable proof of abuse, stalking, or sexual assault before a restraining order against a respondent may be granted. Without these proofs, a petition for an order of protection is usually denied by the presiding judge.

What Proof Do You Need For A Restraining Order In Kentucky?

In Kentucky, upfront evidence is not required before an emergency protective order (EPO) may be issued. Generally, if a judge believes that a petitioner is in immediate danger or at risk of future acts of violence, stalking, or sexual assault solely based on their initial petition, they can issue an EPO. Conversely, a judge can dismiss a petition or issue a summons for a formal hearing if they find that the petitioner is not in clear present danger based on their petition.

However, petitioners must present evidence to validate their claims before a long-term restraining order, such as a final interpersonal protective order (IPO) or domestic violence order (DVO), may be issued. These include police reports or medical records showing injuries, witness testimony, or communication records that show abusive or threatening language or behaviors.

How Long Does It Take To Get A Restraining Order In Kentucky?

The duration it takes to get a restraining order in Kentucky varies based on the type of restraining order. Generally, an emergency protective order (EPO) may be issued by a judge in a matter of minutes after they review and approve a Petition/Motion for Order of Protection form.

On the other hand, long-term restraining orders are typically issued after a hearing. Following the initial submission of a Petition/Motion for Order of Protection, a judge will schedule a hearing within 14 days. Thus, it takes at least 14 days after filing a petition before long-term restraining orders may be issued.

How Long Does A Restraining Order Last In Kentucky?

Generally, an emergency protective order (EPO) and a temporary interpersonal protective order remain valid until a court hearing is held, usually within 14 days. However, if a respondent is not served the order within the 14 days, the order can remain valid for up to 6 months or until withdrawn by the court.

Meanwhile, long-term protective orders, such as an interpersonal protective order (IPO) and a domestic violence order (DVO), can last up to three (3) years and may be renewed after expiry. However, a long-term protective order can remain effective for up to ten years if a respondent was criminally convicted of any degree of rape, sodomy, or sexual abuse against petitioner or for a criminal attempt, conspiracy, facilitation, or solicitation to commit any degree of rape, sodomy, or sexual abuse per KRS 510.037. In such cases, the petitioner can renew the order for up to ten years after its expiry.

How Much Does A Restraining Order Cost in Kentucky?

In Kentucky, filing for a protective order is free. Although not required by law, petitioners can hire a lawyer to represent them at their hearing. Petitioners are generally advised to hire a lawyer if their abuser has one. They can contact the Kentucky local legal aid program if they cannot afford a lawyer. Their services are free, and victims of abuse are often prioritised.

Can You Cancel A Restraining Order In Kentucky?

Yes, the petitioner can visit or contact the Circuit Court Clerk's office where they initially filed their Petition/Motion for Order of Protection application and have it officially withdrawn. The clerk may provide the petitioner with a request form that allows them to withdraw their initial application.