How to File a Restraining Order in Kentucky

How to file a restraining order in the state of Kentucky

A restraining order is a protection order filed in the court system to keep someone at a safe distance from you. Every state is different and has diverse requirements for filing an order of protection. The laws in Kentucky are similar in context to other restraining orders in other states.

You must first understand the difference between the two categories for a restraining order. They are quite easy to understand. The two categories are civil and criminal law. Domestic violence suits can be filed in either category. However before pursuing an action with the courts, you must first decide what you want to happen to the accuser.

A criminal case involves the person or people being charged with the actual crime. In a civil action, you are requesting the court to file an order for them to stay away from you. Now that you understand the difference between the two and know how you would like to proceed. You are now ready to file the order.

A judge can file a criminal complaint along with the domestic violence order. Each case and circumstances will vary.

There are two types of orders, a protection order and a domestic violence order. Each has it own specific requirements. If you choose to file, choose the best order that best fits your current situation. After the proper paperwork is filed with the courts, a hearing will be scheduled. The sooner you file a complaint, the better your chances are to winning the claim. In the state of Kentucky, an order of protection can be enforced whether you are moving there or for any other reason you may have for being in the state.

An EPO is an emergency order given to a victim in emergency situations. In these emergency type situations, it is only a temporary issued order and is immediately given. In extreme cases, a judge can grant a DVO, which is a domestic violence order. This type of order is a permanent order granted.

The preparation for court is just as stressful as the event that has lead you to filing a complaint with the court. Nevertheless, there are resources available to help ease the aftermath of the event and the filing of a complaint.

A restraining order is enforced when the accused violates the order in question. In most cases it is violated if the accused comes within 500 feet of the victim. Or if the accused contacts them through phone, text messages, email, voicemails, instant messages or in person.

You do not have to a be a woman to file a restraining order. A man can be a victim as well. However, it is more common for a woman to be victimized than for a man. This doesn't mean it can't happen to them.

A restraining order isn't sexist. It provides protection to those who need it the most. An order of protection doesn't work in the best interest of the victim. However this isn't being said to deter you from actually filing a claim and achieving an order from the court. It is rare for an order to not work.

When you are filing for an order of protection, it is best to file a complaint with the court in the county you are currently residing in. The No. 1 step to filing a complaint is to either go to www.womenslaw.org or your local courthouse to pick up the forms. The website or the clerk court will help you fill those forms out.

www.womenslaw.org is a website created to help women or those in need of filing a claim with the courts. This site has several different tabs to help guide you in the right direction of providing you with the knowledge to file and prepare your case for a court hearing. Your local courthouse and local library is two sources to find vital information on the availability of orders and how to file in the county you reside in.

In conclusion, do not hesitate to file an complaint. The longer you wait, the harder it may be to file. Every state has a statue of limitations. The time limit is within a year or two of the incident. Please do not wait till it is too late to protect yourself from an attacker.

RESOURCES- www.womenslaw.org

http://www.divorceinkentucky.com