{"data":{"id":"us-ky/krs-456.040","jurisdiction":"us-ky","citation":"KRS 456.040","heading":"Review of petition for interpersonal protective order -- Temporary","body":"interpersonal protective order.\n(1) (a) The court shall review a petition for an interpersonal protective order\nimmediately upon its filing. If the review indicates that dat ing violence and\nabuse, stalking, or sexual assault exists, the court shall summons the parties to\nan evidentiary hearing not more than fourteen (14) days in the future. If the\nreview indicates that such a basis does not exist, the court may consider an\namended petition or dismiss the petition without 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 unde r 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 dan ger of dating violence and abuse, sexual assault, or stalking,\nthe court shall, upon the filing of the petition, issue ex parte a temporary\ninterpersonal protective order that:\n1. Authorizes relief appropriate to the situation utilizing the alternatives se t\nout in KRS 456.060;\n2. Sets forth which communications, if any, as requested by the petitioner,\nare authorized and which communications are unauthorized;\n3. Expires upon the conclusion of the evidentiary hearing required by this\nsection unless extended o r withdrawn by subsequent order of the court;\nand\n4. Does not order or refer the parties to mediation unless requested by the\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 paragraph shall be interpreted to place any restriction or\nrestraint on the petitioner.\n(b) If an order is not issued under this subsec tion, the court shall note on the\npetition, for the record, any action taken or denied and the reason for it.","path":["KRS Chapter 456"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52926","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:59Z","sha256":"abe86e40406c3326ad26b5b2a123cdc710882fd85615daf6e485a44950169ca8","source_id":"us-ky","stale":false,"prev":"us-ky/krs-456.035","next":"us-ky/krs-456.050"},"notice":"GroundRules: Original legal text. Not legal advice."}