Domestic Violence Resources
Kentucky law has long allowed a person who is the victim of “domestic violence” to seek a protective order. This order can require the “abuser” to vacate a shared residence, to have no contact with the “victim”, to restrict the places the abuser can visit and place the offender on a global positioning device.
This protection has been available for many years to family members, members of a married or formerly married couple, members of an unmarried couple who currently live together or formerly lived together, or have a child in common.
Emergency Protective Orders Eligibility Criteria
Kentucky law allows the Court to issue a protective order against a named individual to protect you and/or your minor child from violence. Before the Court can issue an emergency order you must fulfill three (3) requirements:
1. You must be a resident of McCracken County or have fled to McCracken County as a safe place.
2. You must have a domestic relationship with the person from whom you are seeking protection. Kentucky law defines “domestic relationships” as follows:
- – Spouse or former spouse
- – Person with whom you live or formerly lived
- – Person with whom you have an alleged child in common
- – Person with whom you have a Dating Relationship
- – Parent, Grandparent, Child or Step-child
- – Any person living in the same household as a child if the child is the alleged victim.
3. There must be an immediate and present danger of Domestic Violence and Abuse. This means physical injury, sexual abuse, assault or the threat or infliction of fear of imminent physical injury, sexual abuse or assault. This means you may qualify for a protective order if you or your minor child are actually physically injured, assaulted or sexually abused or if the person says or acts like he/she is going to physically injure, sexually abuse or assault you or your minor child.
If the Court finds that all three (3) of these requirements are met, it will issue an Emergency Protective order and give you a date to return for a hearing. You must return for this hearing. If the Court finds that there is not an immediate and present danger of domestic violence but you otherwise qualify for a protective order, the Court may issue a summons for a hearing date to determine if you will get a protective order. Again, you must return for this hearing.
Interpersonal Protective Orders Eligibility Criteria
Recently, the Kentucky General Assembly passed legislation expanding protective orders to include protection for victims of dating violence, victims of sexual assault, and victims of stalking. In order to qualify for an Interpersonal Protective Order you must be a resident of McCracken County or have fled to McCracken County as a safe place, and either:
1. Be a victim of stalking (An actual criminal charge or conviction is not required to obtain an Interpersonal Protective Order for stalking); or
2. Be a victim of sexual assault (An actual criminal charge or conviction is not required to obtain an Interpersonal Protective Order for sexual assault); or
3. Be a victim of dating violence and abuse.
To facilitate notification of service or release from jail, you should register for VINE (Victim Information & Notification Everyday) by calling 1-800-511-1670 or going online at www.vinelink.com.
Those seeking assistance in obtaining an EPO/IPO may contact Tiffany Mills at 270-444-4709.
You may also wish to discuss the facts of your case with the local law enforcement and the McCracken County Attorney’s Office to pursue criminal charges.