{"data":{"id":"us-ky/krs-403.735","jurisdiction":"us-ky","citation":"KRS 403.735","heading":"Hearing on petition for order of protection -- Criteria to assess","body":"appropriate relief and sanctions -- Continuance of hearing and emergency\nprotective order.\n(1) Prior to or at a hearing on a petition for an order of protection:\n(a) The court may obtain the respondent's Kentucky criminal and protective order\nhistory and utilize that information to assess what relief and which sanctions\nmay protect against danger to the petitioner or other person for whom\nprotection is being sought, with the information so obtained being provided to\nthe parties in accordance with the Kentucky Rules of Civil Procedure; and\n(b) If the petitioner or respondent is a minor, the court shall inquire whether the\nparties attend school in the same school system to assist  the court in imposing\nconditions in the order that have the least disruption in the administration of\neducation to the parties while providing appropriate protection to the\npetitioner.\n(2) (a) If the adverse party is not present at the hearing ordered pur suant to KRS\n403.730 and has not been served, a previously issued emergency protective\norder shall remain in place, and the court shall direct the issuance of a new\nsummons for a hearing set not more than fourteen (14) days in the future. If\nservice has no t been made on the adverse party before that hearing or a\nsubsequent hearing, the emergency protective order shall remain in place, and\nthe court shall continue the hearing and issue a new summons with a new date\nand time for the hearing to occur, which sh all be within fourteen (14) days of\nthe originally scheduled date for the continued hearing. The court shall repeat\nthe process of continuing the hearing and reissuing a new summons until the\nadverse party is served in advance of the scheduled hearing. If service has not\nbeen made on the respondent at least seventy -two (72) hours prior to the\nscheduled hearing, the court may continue the hearing no more than fourteen\n(14) days in the future. In issuing the summons, the court shall simultaneously\ntransmit a copy of the summons or notice of its issuance and provisions to the\npetitioner. Upon the request of the petitioner, the court may excuse the\npetitioner from future court appearances until the respondent has been served.\n(b) The provisions of this section p ermitting the continuance of an emergency\nprotective order shall be limited to six (6) months from the issuance of the\nemergency protective order. If the respondent has not been served within that\nperiod, the order shall be rescinded without prejudice. Pri or to the expiration\nof the emergency protective order, the court shall provide notice to the\npetitioner stating that, if the petitioner does not file a new petition, the order\nshall be rescinded without prejudice.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56236","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:30Z","sha256":"7a1eab8e09f0f5d9ce8ec81317d94143056c0c6b171fe6f48e94b4c61a03e986","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.730","next":"us-ky/krs-403.737"},"notice":"GroundRules: Original legal text. Not legal advice."}