Here are some ideas that might help you after you leave the courthouse: The procedure for obtaining an EPO varies from state to state and even within the same state. In some jurisdictions, a victim may contact the police to obtain an EPA. It is the police who address a judge on behalf of the victim and ask the court to issue a European Protection Order. This occurs in cases where the victim fears for their safety or life if protection from their abuser is not established immediately. Defendants accused of domestic violence and abuse should also be aware that while Kentucky law does not prohibit them from buying, selling, or possessing a firearm or ammunition, federal law does. Under 18 U.S.C. Section 922(g)(8) applies to any person who is the subject of a “court order preventing that person from harassing, prosecuting, threatening or engaging in any other conduct that would place an intimate partner in a well-founded fear of bodily harm to the partner or child,” Prohibits the shipment or transport of firearms or ammunition across national or national borders, the possession of a firearm or ammunition in a manner that interferes with trade, or the receipt of a firearm or ammunition that has been shipped or transported across national or national borders. The law only recognizes a protection order if the defendant has had an opportunity to attend a hearing before the order is made. In Kentucky, this objective would be achieved if a DVO hearing were held and if the EPO were informed of the defendant and duly informed of the oral proceedings.
The law also requires the order to state “that the person poses a credible threat to the physical safety of that intimate partner or child” or that it “expressly prohibits the use, attempt or threat of use of physical force against that intimate partner or child that may reasonably be expected to cause bodily harm.” If you have not obtained a protection order because your relationship with the offender is not qualified, you may be able to apply for protection through the criminal justice system. Contact your local prosecutor`s office. Long-term protection orders Domestic Violence Orders (DVOs) and Interpersonal Protection Orders (IPOs) can last up to three years. These orders are intended to stop violence and abuse by placing restrictions on a defendant after a hearing. Violations of the terms of any of these orders may result in non-compliance with judicial or criminal charges under KRS 403.763 and KRS 456.180. In addition, the Commonwealth can also lay additional charges for conduct that constitutes a violation, including assault, sexual abuse and harassment. Violation of a protection order is a Class A offense punishable by up to 12 months in prison. An Emergency Intervention Order (EPA) can be issued without notice to the offender (ex parte) if the judge determines that there is an imminent and present threat of domestic violence and domestic violence.1 Generally, an EPA takes 14 days for your hearing on a domestic violence order.2 If law enforcement is unable to: serve on the offender before the hearing, the judge can postpone the hearing date and extend your EPO for another 14 days. The EPO can be renewed several times over a six-month period while law enforcement authorities attempt to provide a service. However, if it is impossible to locate the respondent for service after the six-month period has expired, the emergency intervention order will be rejected “without prejudice,” meaning you can file a new application.3 This may be the only hearing in the case, so you can have all the witnesses you may have and any documents that could be evidence of what happened.
must bring with him. such as police reports, photos and medical records. The clerk may give you summons to witness forms. If you are applying for child support, bring pay stubs and tax returns if possible. All this information is recorded in the court file. An Emergency Protection Order (EPA) is a criminal enforceable court order that can be issued after an arrest for domestic violence against the offender. The victim does not have to be present in court when the order is made, and there is no need for a separate application procedure for the victim. In a full hearing, the court hears testimony from you, the defendant and all other witnesses. The court may dismiss the case or issue an interpersonal protection order (IPO) (domestic violence order or interpersonal protection order), which may include one of the following conditions: 1. Order the defendant not to have contact with you or anyone else, except at the direction of the judge. 2.
Direct the respondent not to approach a particular residence, school or workplace of the plaintiff. NOTE: This must be requested in the application for a protection order. All address information provided is not confidential and is made available to the respondent. 3. Ask the respondent not to abuse or threaten you. 4. Ask the respondent not to damage or dispose of your property. 5. Ask the respondent to leave your place of residence.
6. Granting of temporary custody of children. 7. Granting family allowances. 8. Order Tips. 9. Whatever is necessary to eliminate future acts of violence.
You should carefully read all orders you receive. If you have questions about the meaning of your order, contact your lawyer (if applicable), a local domestic violence program, or the VIP center. There are different categories of injunctions in various court proceedings, including, but not limited to, criminal court proceedings and other family court proceedings. We provide specific information about Kentucky`s domestic violence ordinance, as it provides for stricter enforcement laws and consequences for violations compared to other types of injunctions. After you have applied for protection, the reviewing judge may grant the EPO or issue a summons for a later hearing so that the judge can hear further evidence before making a decision to grant or reject the EPO. A regular injunction can take some time because a person must schedule and attend a court hearing to obtain one. If more immediate intervention is required, a person may attempt to obtain an Emergency Response Order (EPA). An emergency protection order works like an injunction, but can be implemented much faster. An emergency protection order is a court order that orders a person to refrain from certain actions against another person. If the defendant is not informed by the date of the hearing, the court is entitled to maintain an EPO for a maximum period of six months.
In this case, the court would review the case regularly, usually at two-week intervals. In other states, however, an EPO lasts only a few days and the victim must apply for an injunction to obtain more durable protection. A European Protection Order may end if the victim does nothing to renew it before the date set by the court. Thus, if the court issues the decision with an effective deadline of 5 days and the victim does nothing more, the EPO ends after 5 days. Many courts have forms for this purpose and do not charge a fee for filing the application. Most likely, the application will be submitted to a judge within 24 hours. An order from an EPO judge must be notified to the victim`s local police station in order to enhance the protection it provides. The application is immediately submitted to a judge or trial commissioner for review.
If a judge issues a European Protection Order, TIPO or subpoena, a hearing is scheduled within 14 days to determine whether a long-term order is needed. You will be given something that will tell you the date and time of your hearing. If you are unsure when your hearing is scheduled, contact the Circuit Court Clerk`s Office. The prosecuting authorities will then attempt to serve the protection order or summons on the defendant. A protection order does not come into force until a copy of the order has been served on the defendant or notified of the protection order by the prosecuting authorities. You may contact the “agency assigned department” (indicated on the order) to find out if the respondent has been served. A protection order (EPO/TIPO) is in effect until the hearing is held, usually within 14 days. If the respondent has not been notified of the EPO/TIPO, the decision continues until the notification (up to six months) or until the decision is revoked by the court. Even if you think you no longer need protection, you will have to attend the scheduled court hearing. Only a judge can grant a new hearing date or change the decision.
Depending on the circumstances of the case, the court may exempt you from future hearing dates until the defendant is served. If the EPO/TIPO is not notified within six months, you will receive a notice from the court at your last known address stating that the decision is about to expire and that you must contact the registry of the district court to complete a new application so that the case can be continued. Because EPAs are issued so quickly, they generally do not involve the same legal procedures necessary to obtain interim or permanent injunctions. The main difference between an EPO and a permanent protection order or a permanent protection order is that a court issues a European protection order without informing the aggressor, referred to by the court as the “defendant”, of the hearing. In all other court proceedings, the defendant must be informed of the hearing in order to have the opportunity to attend and be heard.