KRS 456.060: Ruling on petition for interpersonal protective order -- Duration of order.

(1) Following a hearing ordered under KRS 456.040, if a court finds by a

preponderance of the evidence that dating violence and abuse, sexual assault, or

stalking h as occurred and may again occur, the court may issue an interpersonal

protective order:

(a) Restraining the adverse party from:

1. Committing further acts of dating violence and abuse, stalking, or sexual

assault;

2. Any unauthorized contact or communication with the petitioner or other

person specified by the court;

3. Approaching the petitioner or other person specified by the court within

a distance specified in the order, not to exceed five hundred (500) feet;

4. Going to or within a specified distance of a specifically described

residence, school, or place of employment or area where such a place is

located; and

5. Disposing of or damaging any of the property of the parties;

(b) Authorizing, at the request of the petitioner:

1. Limited contact or commun ication between the parties that the court

finds necessary; or

2. The parties to remain in a common area, which may necessitate them

being closer than five hundred (500) feet under limited circumstances

with specific parameters set forth by the court.

Nothing in this paragraph shall be interpreted to place any restriction or

restraint on the petitioner;

(c) Directing or prohibiting any other actions that the court believes will be of

assistance in eliminating future acts of dating violence and abuse, stalk ing, or

sexual assault, except that the court shall not order the petitioner to take any

affirmative action;

(d) Directing that either or both of the parties receive counseling services

available in the community in dating violence and abuse cases; and

(e) Awarding possession of any shared domestic animal to the petitioner.

(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the

court shall:

(a) Afford the petitioner and respondent, if present, an opportunity to testify on

the issue of the locations and areas from which the respondent should or

should not be excluded;

(b) Only impose a location restriction where there is a specific, demonstrable

danger to the petitioner or other person protected by the order;

(c) Specifically describe in the order the locations or areas prohibited to the

respondent; and

(d) Consider structuring a restriction so as to allow the respondent transit through

an area if the respondent does not interrupt his or her travel to harass, harm, or

attempt to harass or harm the petitioner.

(3) An interpersonal protective order shall be effective for a period of time fixed by the

court, not to exceed three (3) years, and may be reissued upon expiration for

subsequent periods of up to three (3) years each. The fact that an order has not been

violated since its issuance may be considered by a court in hearing a request for a

reissuance of the order.