{"data":{"id":"us-ky/krs-403.730","jurisdiction":"us-ky","citation":"KRS 403.730","heading":"Immediate review of petition -- Summons to evidentiary hearing -- Ex","body":"parte emergency protective order.\n(1) (a) The court shall review a petition for an order of protection immediately upon\nits filing. If the review indicates that domestic v iolence and abuse exists, the\ncourt shall summons the parties to an evidentiary hearing not more than\nfourteen (14) days in the future. If the review indicates that such a basis does\nnot exist, the court may consider an amended petition or dismiss the peti tion\nwithout prejudice.\n(b) Service of the summons and hearing order under this subsection shall be made\nupon the adverse party personally and may be made in the manner and by the\npersons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil\nProcedure. A summons may be reissued if service has not been made on the\nadverse party by the fixed court date and time.\n(2) (a) If the review under this section also indicates the presence of an immediate\nand present danger of domestic violence and abuse , the court shall, upon the\nfiling of the petition, issue ex parte an emergency protective order that:\n1. Authorizes relief appropriate to the situation utilizing the alternatives set\nout in KRS 403.740, other than awarding temporary support or\ncounseling;\n2. Sets forth which communications, if any, as requested by the petitioner,\nare authorized and which communications are unauthorized;\n3. Allows either party to retrieve his or her personal belongings from the\nparties' shared residence and directs law enfo rcement to assist, if\nrequested;\n4. Expires upon the conclusion of the evidentiary hearing required by this\nsection unless extended or withdrawn by subsequent order of the court;\nand\n5. Does not order or refer the parties to mediation unless requested by t he\npetitioner, and the court finds that:\na. The petitioner's request is voluntary and not the result of coercion;\nand\nb. Mediation is a realistic and viable alternative to or adjunct to the\nissuance of an order sought by the petitioner.\nNothing in this pa ragraph shall be interpreted to place any restriction or\nrestraint on the petitioner.\n(b) If an order is not issued under this subsection, the court shall note on the\npetition, for the record, any action taken or denied and the reason for it.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52924","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:30Z","sha256":"2b69f96b423f4ba28f2dab8bd81fff7926c963a1ac3bf4108eb5652e688b4315","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.727","next":"us-ky/krs-403.735"},"notice":"GroundRules: Original legal text. Not legal advice."}