{"data":{"id":"us-ky/krs-403.745","jurisdiction":"us-ky","citation":"KRS 403.745","heading":"Duration of emergency protective order and domestic violence order --","body":"Prohibited costs and conditions -- Mutual orders of protection -- Amendment -\n- Expungement.\n(1) An emergency protective order and a domestic violence order shall become\neffective and binding on the respondent when the respondent is given notice of the\nexistence and terms of the order by a peace officer or the court or upon personal\nservice of the order, whichever is earlier. A peace officer or court giving notice of\nan unserved ord er shall make all reasonable efforts to arrange for the order's\npersonal service upon the respondent. Once effective, a peace officer or the court\nmay enforce the order's terms and act immediately upon their violation.\n(2) Costs, fees, or bond shall not be  assessed against or required of a petitioner for any\nfiling, hearing, service, or order authorized by or required to implement KRS\n403.715 to 403.785.\n(3) A court shall not require mediation, conciliation, or counseling prior to or as a\ncondition of issuing an order of protection.\n(4) Mutual orders of protection may be issued only if:\n(a) Separate petitions have been filed by both parties; and\n(b) The orders are written with sufficient specificity to allow any peace officer to\nidentify which party has violated the order.\n(5) Upon proper filing of a motion, either party may seek to amend an order of\nprotection.\n(6) Testimony offered by an adverse party in a hearing ordered pursuant to KRS\n403.730 shall not be admissible in any criminal proceeding involving t he same\nparties, except for purposes of impeachment.\n(7) (a) The Court of Justice, county and Commonwealth's attorneys, law enforcement\nagencies, and victim services organizations may jointly operate a domestic\nviolence intake center to assist persons who apply for relief under KRS\n403.715 to 403.785.\n(b) In cases where criminal conduct is alleged, a court may suggest that a\npetitioner voluntarily contact the county attorney. A court may not withhold or\ndelay relief if the petitioner elects to not contact the county attorney.\n(8) A person's right to apply for relief under this chapter shall not be affected by that\nperson leaving his or her residence to avoid domestic violence and abuse.\n(9) A court shall order the omission or deletion of the petitioner's add ress and the\naddress of any minor children from any orders or documents to be made available to\nthe public or to any person who engaged in the acts complained of in the petition.\n(10) (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a\ndomestic violence order, the court in which the petition was heard may for\ngood cause shown order the expungement of the records of the case if:\n1. Six (6) months have elapsed since the case was dismissed; and\n2. During the six (6) months preceding the expungement request, the\nrespondent has not been bound by an order of protection issued for the\nprotection of any person, including an order of protection as defined in\nKRS 456.010.\n(b) As used in this subsection, \"expungement\" has the same meaning as in KRS\n431.079.","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44755","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:30Z","sha256":"200c19a61646fa0b9f82297da84c805ff43b9abe713cd5e0c7c179ff97bf3fcd","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.743","next":"us-ky/krs-403.747"},"notice":"GroundRules: Original legal text. Not legal advice."}