Kentucky Protective Orders Laws

Not every Bluegrass State romance has a happy ending. And sadly, some relationships turn dangerous when they are over. Fortunately, Kentucky has legal orders that can help keep you safe. Here is an introduction to protective orders laws in Kentucky.

Protective Orders Laws

Protective orders, or "restraining orders," are court orders that direct a person named in the document to stay away from the person seeking the protection. If someone violates a protective order they can be fined or imprisoned. In some cases, protective orders can have additional restrictions regarding travel and gun ownership. In addition to protecting abused spouses and exes, protective orders may also be used to save children from harm and keep stalkers away.

Protective Orders Laws in Kentucky

State-issued protective orders can function a little differently, depending on the jurisdiction. The table below highlights the specifics of Kentucky’s protective orders statutes.

Code Section

Kentucky Revised Statutes 209.01, et seq.: Kentucky Adult Protective Act;

Kentucky Revised Statutes 403.715, et seq.: Domestic Violence and Abuse

Activity Addressed by Order

Enjoin contact; exclude from dwelling; regarding minors: temporary custody, support, counseling; restrain from disposing of or damaging property

Duration of Order

Emergency: maximum 14 days, may be extended for 14 days. General: maximum 3 years, may be reissued for a year period, with unlimited reissues

Penalty for a Violation of Order

Contempt of court: if intentional violation, Class A misdemeanor

Who May Apply for Order

Family member or unmarried couple member who is a resident or has fled to this state to escape domestic violation and abuse

Can Fees Be Waived?

Yes

Order Transmission to Law Enforcement

Copy to appropriate law enforcement agency within 24 hours; copy to appropriate agency for entry of domestic violation records into Law Information Network of Kentucky

Civil Liability for Violation of Order

Contempt of court

Protection orders and harassment restraining orders are not a perfect deterrent for every harmful scenario. However, they can protect a victim of domestic violence by providing some criminal recourse if an abuser violates an order. Also, if you have a valid protection order issued by Kentucky, federal protection order law mandates that other states honor and enforce that order, and vice versa.

Kentucky Protective Orders Laws: Related Resources

Getting a protective order, and making sure it is enforced, can be a frightening process. You can contact a Kentucky domestic violence attorney in your area if you would like legal advice regarding a domestic violence or protective order matter. You can also visit FindLaw’s Orders of Protection and Restraining Orders section for additional articles and information on this topic.