Domestic Violence and Interpersonal Protective Actions in Kentucky

Understanding Domestic Violence and Protective Orders

Domestic violence involves harm or the threat of harm between family members, household members, or individuals in an intimate relationship. In Kentucky, the law provides protections for victims through Domestic Violence Orders (DVOs) and Interpersonal Protective Orders (IPOs) under KRS Chapter 403 and KRS Chapter 456.

These legal tools aim to prevent further harm, protect victims, and provide a sense of security.

What Is Domestic Violence?

According to KRS 403.720, domestic violence includes:

  • Physical injury or the threat of physical injury.

  • Sexual abuse.

  • Assault.

  • Stalking or harassment.

Domestic violence can occur between:

  • Spouses or former spouses.

  • Parents and children.

  • Individuals who live together or have lived together.

  • Individuals who have a child together.

What Are Interpersonal Protective Orders (IPOs)?

IPOs are issued for individuals who are victims of violence or abuse in non-family or non-household relationships. This includes:

  • Victims of dating violence or abuse.

  • Victims of stalking or sexual assault.

IPOs are governed by KRS Chapter 456 and are available to those who do not qualify for a DVO.

Types of Protective Orders

  1. Emergency Protective Order (EPO):

    • A temporary order issued by the court to provide immediate protection.

    • Can be obtained without the abuser being present (ex parte).

    • Remains in effect until a hearing is held, usually within 14 days.

  2. Domestic Violence Order (DVO) or Interpersonal Protective Order (IPO):

    • Issued after a court hearing where both parties have the opportunity to present evidence.

    • May include provisions such as:

      • No-contact orders.

      • Prohibition against physical harm or threats.

      • Temporary custody or visitation arrangements.

      • Eviction of the abuser from a shared residence.

How to File for a Protective Order in Kentucky

  1. Filing the Petition:

    • Visit the circuit court clerk’s office in your county to file a petition for an EPO or IPO.

    • Provide specific details about the abuse, including dates, locations, and any evidence of harm or threats.

  2. Hearing for an EPO:

    • The court reviews the petition and may issue an emergency order immediately if there is a risk of imminent harm.

  3. Court Hearing for a Final Order:

    • A hearing is held to determine if a long-term protective order (DVO or IPO) is necessary.

    • Both parties can present evidence and testimony.

  4. Enforcement of the Order:

    • Violating a protective order is a criminal offense and can result in immediate arrest and additional penalties.

Penalties for Violating Protective Orders

Violating a DVO or IPO is a Class A misdemeanor in Kentucky, punishable by up to 12 months in jail and/or fines. If additional criminal acts occur during the violation, further charges may be filed.

Rights of Both Parties

While protective orders are essential for victim safety, the accused has legal rights, including the right to:

  • Be notified of the hearing.

  • Present evidence and cross-examine witnesses.

  • Retain legal representation.

How Millard Law Can Help

Whether you are a victim seeking protection or an individual facing allegations of domestic violence, navigating protective order proceedings can be overwhelming. Dominic V. Millard is committed to:

  • Helping victims obtain the protection they need to feel safe.

  • Defending individuals accused of domestic violence to ensure their rights are upheld.

Compassionate and experienced legal representation for domestic violence and interpersonal protective order cases is provided in Northern Kentucky, including Boone, Campbell, Kenton, Grant, Carrollton, Owen, and Gallatin counties.