KRS 456.050: Hearing on petition for interpersonal protective order.

(1) Prior to or at a hearing on a petition for an interpersonal protective order:

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

history and utilize t hat 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 admin istration 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 pursuant to KRS

456.040 and has not been served, a previously issued temporary interpersonal

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 not been made on the adverse party before that hearing

or a subsequent hearing , the temporary interpersonal 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 shall be

within fourteen (14) days of the originally scheduled d ate 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 t o 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 permitting the continuance of an interpersonal

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

temporary interpersonal protective order. If the respondent has not been

served within that period, the order shall be rescinded without prejudice. Prior

to the expiration of the temporary interp ersonal 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.