KRS 403.730: Immediate review of petition -- Summons to evidentiary hearing -- Ex

parte emergency protective order.

(1) (a) The court shall review a petition for an order of protection immediately upon

its filing. If the review indicates that domestic v iolence and abuse exists, the

court shall summons the parties to an evidentiary hearing not more than

fourteen (14) days in the future. If the review indicates that such a basis does

not exist, the court may consider an amended petition or dismiss the peti tion

without prejudice.

(b) Service of the summons and hearing order under this subsection shall be made

upon the adverse party personally and may be made in the manner and by the

persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil

Procedure. A summons may be reissued if service has not been made on the

adverse party by the fixed court date and time.

(2) (a) If the review under this section also indicates the presence of an immediate

and present danger of domestic violence and abuse , the court shall, upon the

filing of the petition, issue ex parte an emergency protective order that:

1. Authorizes relief appropriate to the situation utilizing the alternatives set

out in KRS 403.740, other than awarding temporary support or

counseling;

2. Sets forth which communications, if any, as requested by the petitioner,

are authorized and which communications are unauthorized;

3. Allows either party to retrieve his or her personal belongings from the

parties' shared residence and directs law enfo rcement to assist, if

requested;

4. Expires upon the conclusion of the evidentiary hearing required by this

section unless extended or withdrawn by subsequent order of the court;

and

5. Does not order or refer the parties to mediation unless requested by t he

petitioner, and the court finds that:

a. The petitioner's request is voluntary and not the result of coercion;

and

b. Mediation is a realistic and viable alternative to or adjunct to the

issuance of an order sought by the petitioner.

Nothing in this pa ragraph shall be interpreted to place any restriction or

restraint on the petitioner.

(b) If an order is not issued under this subsection, the court shall note on the

petition, for the record, any action taken or denied and the reason for it.