(1) If an emergency protective order is not issued due to an insufficient relationship as identified in KRS 403.720(2) or (4), or for failure to state an act or threat of domestic violence between the parties, the finding of the insufficient relationship or failure to state an act or threat of domestic violence shall be noted on the petition by the judge, and no summons shall be issued.(2) If the relationship is one recognized under KRS 403.720(2) or (4) and there is a finding of domestic violence and abuse and a finding of immediate and present danger, an emergency protective order shall be issued. (3) If there is no finding of an immediate and present danger of domestic violence and abuse, when the relationship is one recognized under KRS 403.720(2) or (4), but the court determines that domestic violence and abuse exists, a summons shall be issued and a hearing shall be held to determine if a domestic violence order should be issued. Any finding at the hearing shall constitute an appealable order.
Ky. Fam. Ct. R. P. & Prac. FCRPP 10
Amended by Order 2014-21, eff. 1-1-15; adopted by Order 2010-09, eff. 1-1-11.
