Protection from Domestic Violence during COVID-19 in Kentucky
NOTE: If you or a loved one is suffering from domestic violence or in danger, please call the police. Click here to access a list of resources throughout Kentucky.
The majority of Kentuckians are under a “Healthy at Home” order, only allowed to leave home to obtain essential items. On the news and social media, we see some Kentucky families have made the best of this situation and found fun and creative ways to spend time together. However, this is not the case for all. Many Kentuckians face a danger more immediate than COVID-19. They face the threat of violence in their own homes, the very place the government has told us to seek refuge. Dealing with domestic violence is always difficult. Victims might fear that the pandemic has created more obstacles to obtain the help needed to escape their abusers.
But you can be certain that the legal system still offers the protection that you need to stay safe from domestic violence. Although the Kentucky court system has severely restricted its operations, including closing all judicial facilities to in-person services through May 31, 2020, the Courts are still handling emergency matters. Domestic violence is classified as an emergency matter under the Supreme Court’s Amended Order 2020-22. Under this order, an individual can still file for an Emergency Protective Order (EPO) and if granted, a Judge will later determine whether the EPO should be converted to a Domestic Violence Protective Order (DVO), as described below.
The Supreme Court added additional safeguards to keep court staff as well as the general public healthy during this time. If you need to file for an EPO, you can still go to the judicial facility in your county to apply. Be aware that courts have been instructed to keep the doors locked, but will admit individuals in need of emergency services. Signage will be posted at the entrances directing you to call the local circuit clerk’s office to obtain entry. Upon entering, the staff will assist you in filing for an EPO according to normal operating procedure.
If the EPO is granted, a protective order is effective until the court hearing is held, usually within 14 days. If the respondent has not been served with the EPO, the order will be continued until service is made (up to six months) or until the order is withdrawn by the court. Even if you believe you no longer need protection, you will need to appear at the scheduled court hearing. At the hearing, a judge will determine if the EPO should be converted to a DVO that provides protection for up to three (3) years. Click here to read a pamphlet offered by the Administrative Office of the Courts for more details on the process.
The Supreme Court also ordered extra safety measures in order to conduct these hearings according to social distancing rules. EPO/DVO hearings may be held remotely. The Supreme Court stated that all parties and attorneys must be allowed to participate remotely if they have the appropriate technology to do so. Judges must use available video or telephonic technology to conduct the remote hearings to the extent possible. However, if the parties do not have the available technology to participate remotely, EPO/DVO hearings may be held in person. If held in person, the proceeding will be limited to the parties, attorneys, necessary witnesses, and victim advocates. There should be no more than ten (10) people in the courtroom unless specifically allowed by the Judge in his or her discretion. Appropriate social distancing will be required at all points.
If you experience domestic violence, the Kentucky Judicial system is still here to help. Please reach out to your local courthouse (click here to locate) to assist you in beginning the process. More importantly, if you or a loved one is in danger, do not hesitate to call 911 or seek assistance here. Click here to read the Supreme Court’s Amended Order 2020-22 in its entirety.
