All relationships experience challenges, but when your partner becomes dangerous or abusive, you should seek legal help. In Kentucky, protective orders are available for domestic violence, sexual assault, or stalking. This can help keep you safe, but before filing a petition, you should understand your rights and how these orders work. Below are the answers to a few questions people have about getting court protection.

A Guide to Kentucky Protective Orders Laws

What types of protective orders are there?

There are two main types of protective orders in Kentucky. The first is an emergency protective order (EPO), which a judge can issue if they feel the petitioner is in immediate danger. This is a temporary order that doesn’t require a court hearing. Domestic violence orders (DVO) must come from a hearing. They offer protection for up to three years if the judge finds proof of abuse and there’s potential for it to occur again.

Who can file for a protective order?

There must be a specific relationship between the petitioner and offender to be eligible for a protective order. The only parties who qualify are family members of one another, unmarried couples with a child together, unmarried couples who live or used to live in the same household, anyone living with a child victim, couples who are dating or had a previous romantic relationship, and any victim of stalking or sexual assault.  

What does a protective order do?

Protective orders attempt to stop domestic violence or the threat of harm by placing restrictions on the offender’s behaviors. Typically, this includes prohibiting them from committing additional acts of domestic violence towards the petitioner, making any contact with the petitioner, being within a certain distance of the petitioner and their family, and disposing of or damaging the petitioner’s property. If the offender violates these orders, they can be held in contempt and charged with a misdemeanor. 

What’s the process for getting a protective order?

Obtaining a protective order requires the petitioner to file the correct paperwork. It must detail as much information about the offender as possible, the petitioner’s relationship to them, and the circumstances of abuse. Then, the courts will notify the offender of the petition and schedule a hearing, where the petitioner can present evidence.

If you need to file a protective order, reach out to the Law Office of Michael Davidson, PLLC, for help navigating the process. The firm has extensive experience handling a variety of family law matters, including domestic violence cases, and will keep your best interests and safety in mind. For more than 30 years, Attorney Davidson and his team of skilled attorneys have been providing the residents of Lexington, KY, with competent legal advice and representation. Call (859) 225-1717 to schedule a consultation, or visit them online to learn more about their services.