COMMONWEALTH OF KENTUCKY
[NAME OF COUNTY] FAMILY COURT
(A Division of the [___] District Court)
[PETITIONER FULL LEGAL NAME(S)],
Petitioner/Protected Person(s),
v. Case No.: [______]
[RESPONDENT FULL LEGAL NAME],
Respondent.
DOMESTIC VIOLENCE PROTECTION ORDER
(effective pursuant to Kentucky domestic‐violence statutes and court rules)
[// GUIDANCE: This template is designed for use by licensed attorneys when drafting a proposed Domestic Violence Order (“DVO”) for presentation to a Kentucky Family Court judge. It intentionally tracks statutory language while remaining flexible for case-specific customization. All bracketed text should be carefully completed or revised before filing.]
I. RECITALS & JURISDICTION
1.1 Petition & Hearing
The Court has reviewed the verified petition dated [PETITION DATE] and conducted a duly noticed hearing on [HEARING DATE] in accordance with Kentucky law governing domestic-violence proceedings.
1.2 Subject-Matter & Personal Jurisdiction
The Court finds it has subject-matter jurisdiction over this action and personal jurisdiction over the parties. Venue is proper in [COUNTY] County, Kentucky.
1.3 Findings of Domestic Violence & Necessity of Relief
By a preponderance of the evidence, the Court finds that Respondent has committed an act of domestic violence or abuse against Petitioner and/or the minor child(ren) identified herein and that issuance of protective relief is necessary to prevent future abuse.
1.4 Effective Date & Term
This Order becomes effective immediately upon entry and shall remain in force until [EXPIRATION DATE] (not to exceed three years absent statutory extension) unless sooner modified or dissolved by the Court.
II. DEFINITIONS
For purposes of this Order, capitalized terms have the meanings assigned below:
“Court” – The Family Court of [COUNTY] County, Kentucky.
“Petitioner” – The individual(s) identified above as the protected person(s).
“Respondent” – The individual identified above against whom protection is sought.
“Minor Child(ren)” – [FULL NAMES & DOBs] who are under 18 and in Petitioner’s custody.
“Protected Address(es)” – Any residence, school, place of employment, or other location where Petitioner or the Minor Child(ren) customarily reside, attend, or are present.
“Firearm” – Any weapon that will or is designed to expel a projectile by the action of an explosive.
“Law-Enforcement Agency” – The agency with primary jurisdiction over the location requiring enforcement (e.g., [COUNTY] Sheriff’s Office, [CITY] Police Department).
III. OPERATIVE PROVISIONS
3.1 No Contact
Respondent SHALL NOT initiate, facilitate, or engage in any direct or indirect contact with Petitioner or the Minor Child(ren), including but not limited to in-person, telephone, text, e-mail, social media, or third-party communications.
3.2 Stay-Away Requirement
Respondent SHALL maintain a minimum distance of [___] feet from:
a. Petitioner;
b. Minor Child(ren);
c. Protected Address(es); and
d. Any temporary or permanent residence to which Petitioner relocates after entry of this Order.
[// GUIDANCE: Kentucky courts commonly order 500 feet, but distance may be tailored to circumstances.]
3.3 Exclusion From Residence
Respondent is hereby excluded from the residence located at [STREET ADDRESS] notwithstanding any ownership or leasehold interest, and shall have no right to return except as specifically authorized in Section 3.4.
3.4 Controlled Property Retrieval
Respondent may, within [10] days of this Order, retrieve personal belongings only once, during daylight hours, and only when accompanied by a uniformed law-enforcement officer. Advance coordination with the [COUNTY] Sheriff is mandatory.
3.5 Firearm & Ammunition Surrender
Within [24] hours of service of this Order, Respondent SHALL:
a. Surrender all firearms, ammunition, and concealed-carry licenses to [LAW-ENFORCEMENT AGENCY];
b. File with the Court a sworn inventory of all surrendered items; and
c. Refrain from acquiring or possessing any firearm or ammunition while this Order remains in effect.
3.6 Temporary Custody & Parenting Time
a. Sole temporary custody of the Minor Child(ren) is awarded to Petitioner.
b. Respondent shall have [no / supervised] parenting time as follows: [DETAILS OF SUPERVISION, LOCATION, DURATION].
3.7 Temporary Child/Spousal Support
Respondent shall pay to Petitioner temporary support in the amount of $[___] per [week / month], commencing [DATE], through the [COUNTY] Child Support Office.
3.8 Mandatory Counseling
Respondent is ordered to enroll in and complete, at Respondent’s expense, a certified domestic-violence offender treatment program within [30] days and file proof of enrollment within [35] days.
3.9 Law-Enforcement Entry
Law-enforcement officers are authorized to enter any premises necessary to enforce this Order and protect the Petitioner.
3.10 Service & NCIC Entry
A copy of this Order shall be served on Respondent by [METHOD], and the Clerk shall promptly transmit the Order to appropriate law-enforcement authorities for entry into state and federal protective-order registries.
IV. COURT FINDINGS & DECLARATIONS
[// GUIDANCE: In lieu of traditional “Representations & Warranties,” protective orders contain judicial findings. Customize as required.]
4.1 The Court finds Respondent’s acts constitute domestic violence or abuse.
4.2 Less restrictive alternatives are inadequate to ensure safety.
4.3 The relief granted herein is the least intrusive consistent with safety.
V. RESPONDENT OBLIGATIONS & PROHIBITIONS
5.1 Compliance Duty
Respondent SHALL strictly comply with all terms of this Order and cooperate with law-enforcement officers executing or monitoring compliance.
5.2 Notice of Address Change
Respondent SHALL file written notice of any change of residential address with the Clerk within [48] hours of such change.
5.3 Prohibition on Interference
Respondent SHALL NOT intimidate, coerce, threaten, or otherwise interfere with Petitioner’s participation in any court or law-enforcement proceeding related to this matter.
VI. ENFORCEMENT, VIOLATIONS & REMEDIES
6.1 Immediate Arrest Authority
Pursuant to Kentucky law, a law-enforcement officer shall arrest Respondent without a warrant upon probable cause to believe Respondent has violated any provision of this Order.
6.2 Criminal & Civil Penalties
Violation of this Order may constitute a Class A misdemeanor and/or contempt of court, punishable by incarceration, fine, or both, in addition to any other legal remedies available.
6.3 Contempt Proceedings
Petitioner may file a motion for contempt specifying alleged violations. The Court may impose graduated sanctions, including but not limited to incarceration, extension of this Order, or any other just relief.
6.4 Attorney’s Fees & Costs
Upon finding a willful violation, the Court may award reasonable attorney’s fees and costs to the prevailing party.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification and liability-cap concepts are not applicable to protective orders and are therefore intentionally omitted.]
VIII. MODIFICATION & DISPUTE RESOLUTION
8.1 Governing Law
This Order shall be governed, construed, and enforced exclusively under the laws of the Commonwealth of Kentucky.
8.2 Exclusive Forum
The Family Court of [COUNTY] County retains exclusive jurisdiction over all matters arising from or related to this Order.
8.3 Modification
Either party may request modification or dissolution of this Order by written motion, served on the opposing party, demonstrating a material change in circumstances.
8.4 No Arbitration or Jury Trial
Given the equitable and injunctive nature of this proceeding, arbitration is unavailable and no right to jury trial exists.
8.5 Preservation of Injunctive Relief
Nothing herein shall be construed to preclude the Court from granting additional injunctive relief as justice requires.
IX. GENERAL PROVISIONS
9.1 Severability
If any provision of this Order is determined unenforceable, the remaining provisions shall remain in full force to the maximum extent permitted by law.
9.2 Integration
This written Order constitutes the entire protective order of the Court. Any prior oral or written directives are merged herein.
9.3 Copies & Electronic Signatures
Certified and electronic copies of this Order shall be deemed originals for all enforcement purposes.
X. EXECUTION & NOTICE
ENTERED this ___ day of _, 20, at ______ a.m./p.m.
[JUDGE NAME], JUDGE
FAMILY COURT, [COUNTY] COUNTY, KENTUCKY
ACKNOWLEDGMENT OF RESPONDENT
I, [RESPONDENT NAME], have received a copy of this Order, understand its terms, and acknowledge that violation of its provisions may result in my arrest and prosecution.
_______ Date: ______
RESPONDENT (Signature)
[// GUIDANCE: Obtain Respondent’s signature only when personally present. Service by law-enforcement will include officer’s return of service instead.]
CERTIFICATE OF SERVICE
On __, 20_, I personally served a true copy of this Order on Respondent at [ADDRESS] by [METHOD].
[OFFICER NAME], [BADGE NO.]
[LAW-ENFORCEMENT AGENCY]
[// GUIDANCE: File the completed Order with the Clerk immediately after judicial signature. Ensure prompt entry into eWarrants/NICS as required.]