Domestic Violence and Protective Orders in Kentucky

domestic violence

Kentucky laws allow a victim of domestic violence to seek a protective order, also known as a domestic violence order (DVO). This order can require the abuser to have no contact with the victim, leave a shared residence, restrict the places where an abuser can visit, and put the offender on a global positioning device. In the post below, we will review these protective orders in more detail and the process involved in obtaining them. 

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Two Types of Protective Orders in Kentucky

In Kentucky, there are two types of protective orders. They include the following:

A Temporary Protective Order

A court can issue an emergency protective order (EPO) in cases of domestic violence or a temporary interpersonal protective order (TIPO) when there is dating violence or sexual assault/ stalking cases. These orders are usually short-term (14 days) and are meant to stop abuse and violence by putting restrictions on the abuser’s actions until a hearing can be held.

A Long-Term Protective Order

A domestic violence order (DVO) and interpersonal protective order (IPO) are orders designed to stop abuse and violence by putting restrictions on the abuser following a court hearing. A long-term protective order can last up to three years. However, individuals can extend these orders. 

Can You Obtain a Protective Order in Kentucky?

To obtain a protective order in Kentucky, the parties will need to have a qualifying relationship. These relationships include the following:

  • Family members, such as a spouse, parent, former spouse, stepchild, child, grandparent, grandchild, or any other individual living in the house as a child if the child is the alleged victim
  • Members of an unmarried couple, if the members have a child in common, any children of the couple, or members of an unmarried couple who have formerly lived together or are living together
  • A dating relationship between a couple who have or had a relationship of an intimate nature
  • A victim of sexual assault or stalking

Are You Eligible for a Domestic Violence Order or an Interpersonal Protective Order?

To be eligible for either an interpersonal protective order or a domestic violence order, the respondent (the individual who allegedly committed the abuse) must have: 

  • Physically harmed or assaulted you or a child
  • Strangled you or a child
  • Sexually assaulted or sexually abused you or a child
  • Threatened to assault or physically injure you or a child
  • Stalked you or a child
  • Did something that placed you or a child in fear of imminent physical injury, sexual abuse, serious physical injury, assault, or strangulation
  • Abused a pet as a way to control, punish, coerce, intimidate, or take revenge on you or a child
  • Did something to put you or the child in fear or imminent abuse of a pet as a way to control, coerce, punish, intimate, or take revenge against you or a child

Who Can Be Protected By a Protective Order in Kentucky?

In Kentucky, several individuals can pursue a protective order. For instance:

  • Individuals can request protection for themselves, their children, and any other individual they believe may need it.
  • If the individual is an adult and believes that a child needs protection, they can file a petition on behalf of the child.
  • If an individual is under 18 and needs protection, an adult can submit a petition for them.

However, to better understand if a protective order in Kentucky can protect you, consider working with an experienced family law attorney to review your legal options and the steps you will need to take to obtain this protection. 

To Learn More About Protective Orders in Kentucky, Contact Hoffman Walker & Knauf Today 

To learn more about obtaining a protective order in Kentucky, contact Hoffman Walker & Knauf today. Our experienced Kentucky family law attorneys can answer all your questions and help you navigate the complex system of rules accompanying these legal situations.