403.720 Definitions for KRS 403.715 to 403.785
As used in KRS 403.715 to 403.785:
(1) “Domestic animal” means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes;
(2) “Domestic violence and abuse” means:
(a) Physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, strangulation, or assault between family members or members of an unmarried couple; or
(b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal;
(3) “Family member” means a spouse, including a former spouse, a grandparent, a grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim;
(4) “Foreign protective order” means any judgment, decree, or order of protection which is entitled to full faith and credit pursuant to 18 U.S.C. sec. 2265 that was issued on the basis of domestic violence and abuse;
(5) “Global positioning monitoring system” means a system that electronically determines a person's location through a device worn by the person which does not invade his or her bodily integrity and which transmits the person's latitude and longitude data to a monitoring entity;
(6) “Member of an unmarried couple” means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together;
(7) “Order of protection” means an emergency protective order or a domestic violence order and includes a foreign protective order;
(8) “Sexual assault” refers to conduct prohibited as any degree of rape, sodomy, or sexual abuse under KRS Chapter 510 or incest under KRS 530.020, or a criminal attempt, conspiracy, facilitation, or solicitation to commit rape, sodomy, sexual abuse, or incest;
(9) “Strangulation” refers to conduct prohibited by KRS 508.170 and 508.175, or a criminal attempt, conspiracy, facilitation, or solicitation to commit the crime of strangulation; and
(10) “Substantial violation” means criminal conduct which involves actual or threatened harm to the person, family, or property, including a domestic animal, of an individual protected by an order of protection.
Credits
HISTORY: 2023 c 34, § 1, eff. 6-29-23; 2023 c 109, § 3, eff. 6-29-23; 2022 c 158, § 1, eff. 7-14-22; 2021 c 175, § 4, eff. 4-1-21; 2019 c 183, § 3, eff. 6-27-19; 2015 c 102, § 2, eff. 1-1-16; 2010 c 170, § 1, eff. 7-15-10; 1992 c 172, § 2, eff. 7-14-92; 1988 c 258, § 4, eff. 7-15-88; 1984 c 152, § 2
403.740 Domestic violence order; restrictions; temporary child support; expiration and reissuance
(1) Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence and abuse has occurred and may again occur, the court may issue a domestic violence order:
(a) Restraining the adverse party from:
1. Committing further acts of domestic violence and abuse;
2. Any unauthorized contact or communication with the petitioner or other person specified by the court;
3. Approaching the petitioner or other person specified by the court within a distance specified in the order, not to exceed five hundred (500) feet;
4. Going to or within a specified distance of a specifically described residence, school, or place of employment or area where such a place is located; and
5. Disposing of or damaging any of the property of the parties;
(b) Authorizing, at the request of the petitioner:
1. Limited contact or communication between the parties that the court finds necessary; or
2. The parties to remain in a common area, which may necessitate them being closer than five hundred (500) feet under limited circumstances with specific parameters set forth by the court. Nothing in this paragraph shall be interpreted to place any restriction or restraint on the petitioner;
Nothing in this paragraph shall be interpreted to place any restriction or restraint on the petitioner;
(c) Directing or prohibiting any other actions that the court believes will be of assistance in eliminating future acts of domestic violence and abuse, except that the court shall not order the petitioner to take any affirmative action;
(d) Directing that either or both of the parties receive counseling services available in the community in domestic violence and abuse cases; and
(e) Additionally, if applicable:
1. Directing the adverse party to vacate a residence shared by the parties to the action;
2. Utilizing the criteria set forth in KRS 403.270, 403.320, and 403.822, grant temporary custody, subject to KRS 403.315;
3. Utilizing the criteria set forth in KRS 403.211, 403.212, 403.2121, and 403.213, award temporary child support; and
4. Awarding possession of any shared domestic animal to the petitioner.
(2) In imposing a location restriction described in subsection (1)(a)4. of this section, the court shall:
(a) Afford the petitioner and respondent, if present, an opportunity to testify on the issue of the locations and areas from which the respondent should or should not be excluded;
(b) Only impose a location restriction where there is a specific, demonstrable danger to the petitioner or other person protected by the order;
(c) Specifically describe in the order the locations or areas prohibited to the respondent; and
(d) Consider structuring a restriction so as to allow the respondent transit through an area if the respondent does not interrupt his or her travel to harass, harm, or attempt to harass or harm the petitioner.
(3) When temporary child support is granted under this section, the court shall enter an order detailing how the child support is to be paid and collected. Child support ordered under this section may be enforced utilizing the same procedures as any other child support order.
(4) A domestic violence order shall be effective for a period of time fixed by the court, not to exceed three (3) years, and may be reissued upon expiration for subsequent periods of up to three (3) years each. The fact that an order has not been violated since its issuance may be considered by a court in hearing a request for a reissuance of the order.
Credits
HISTORY: 2022 c 122, § 7, eff. 7-14-22; 2022 c 143, § 1, eff. 7-14-22; 2022 c 158, § 2, eff. 7-14-22; 2018 c 198, § 6, eff. 7-14-18; Repealed and reenacted by 2015 c 102, § 6, eff. 1-1-16; 2010 c 170, § 2, eff. 7-15-10; 2004 c 133, § 44, eff. 7-13-04; 1996 c 99, § 16, eff. 7-15-96; 1992 c 172, § 6, eff. 7-14-92; 1984 c 152, § 6
LRC NOTES
Legislative Research Commission Note (7-14-22): This statute was amended by 2022 Ky. Acts chs. 122, 143, and 158, which do not appear to be in conflict and have been codified together.