KRS 403.735: Hearing on petition for order of protection -- Criteria to assess

appropriate relief and sanctions -- Continuance of hearing and emergency

protective order.

(1) Prior to or at a hearing on a petition for an order of protection:

(a) The court may obtain the respondent's Kentucky criminal and protective order

history and utilize that information to assess what relief and which sanctions

may protect against danger to the petitioner or other person for whom

protection is being sought, with the information so obtained being provided to

the parties in accordance with the Kentucky Rules of Civil Procedure; and

(b) If the petitioner or respondent is a minor, the court shall inquire whether the

parties attend school in the same school system to assist the court in imposing

conditions in the order that have the least disruption in the administration of

education to the parties while providing appropriate protection to the

petitioner.

(2) (a) If the adverse party is not present at the hearing ordered pur suant to KRS

403.730 and has not been served, a previously issued emergency protective

order shall remain in place, and the court shall direct the issuance of a new

summons for a hearing set not more than fourteen (14) days in the future. If

service has no t been made on the adverse party before that hearing or a

subsequent hearing, the emergency protective order shall remain in place, and

the court shall continue the hearing and issue a new summons with a new date

and time for the hearing to occur, which sh all be within fourteen (14) days of

the originally scheduled date for the continued hearing. The court shall repeat

the process of continuing the hearing and reissuing a new summons until the

adverse party is served in advance of the scheduled hearing. If service has not

been made on the respondent at least seventy -two (72) hours prior to the

scheduled hearing, the court may continue the hearing no more than fourteen

(14) days in the future. In issuing the summons, the court shall simultaneously

transmit a copy of the summons or notice of its issuance and provisions to the

petitioner. Upon the request of the petitioner, the court may excuse the

petitioner from future court appearances until the respondent has been served.

(b) The provisions of this section p ermitting the continuance of an emergency

protective order shall be limited to six (6) months from the issuance of the

emergency protective order. If the respondent has not been served within that

period, the order shall be rescinded without prejudice. Pri or to the expiration

of the emergency protective order, the court shall provide notice to the

petitioner stating that, if the petitioner does not file a new petition, the order

shall be rescinded without prejudice.