Domestic Violence

Restraining Orders & Personal Protective Orders

Restraining Orders in Kentucky are classified into four categories: EPO, TIPO, DVO and IPO. EPO’s and TIPO’s are temporary in nature; a DVO is entered after a hearing with the parties and if the Judge finds that the temporary order should be granted for a longer term.

What's the difference between an EPO and IPO?

An EPO is an Emergency Protective Order. One of the prerequisites is that a relationship, romantic in nature, exists between the petitioner and the respondent. 

A TIPO is a Temporary Interpersonal Protective Order and is used when no relationship exists between the petitioner and the respondent. These are frequently used in stalking cases, or when the petitioner doesn’t know the respondent

The EPO/TIPO Process

1.  The Petition

If an alleged victim feels threatened, they can seek the Court’s assistance for protection. An EPO/TIPO is a civil order that, when signed by a Judge, protects the alleged victim from further violence, communication, or threats of harm. The alleged victim (or person seeking the order), is called the Petitioner since they’re Petitioning, or asking, the Court for assistance. The other party is the Respondent, since they’re “responding” to the allegations of violence. 

Usually, a Judge will quickly grant an EPO/TIPO based only an affidavit describing the behaviors of the Respondent. The Petitioner may need to provide evidence of phone calls, texts, notes, photos, or voicemails that are harassing in nature. The Petitioner is able ask the Court for a variety of protections, such as:

• No contact
• No violent contact 
• Vacate – an order for the Respondent to vacate the residence you share
• No property damage – an order for the respondent not to sell or destroy any family property
• Custody – an order for temporary child custody
• Other Relief needed to stop the abuse (Be specific!). You can request the Respondent not come within 500 feet of a specific location. 

A Judge will either grant or deny the Petition. If the Petition is granted, a Temporary order goes into effect until the date of the hearing. If the Petition is denied, it just means that your particular situation may not legally qualify for a protective order. If that happens, call John at (859) 940-7480.

After a Judge signs a temporary order, the Respondent must immediately be served. The Sheriff’s deputy will perform this work. Information about the Respondent’s whereabouts should be shared with the Sheriff’s office. The order is NOT in effect until the Respondent is served. 

It is very important that both the Petitioner and Respondent attend the hearing. At this hearing, the Judge will make a determination about a more long-term order. If a more permanent order is granted, then it becomes a DVO (Domestic Violence Order). You will want an attorney to accompany you if you are either the Petitioner or Respondent. Call John at (859) 940-7480.

Where to File an EPO/IPO Petition

In Kentucky, different counties handle the filing of the EPO/IPO at different places and locations. You may apply for a protective order 24 hours a day, 7 days a week. In many counties, the District Courthouse will have a Domestic Violence office. A local Sheriff’s Office or Police Department will be able to point you in the right direction. In Fayette County, Petitions are filed in the Fayette County District Courthouse, 4^th Floor. 

Effects of Domestic Violence Orders

These orders are a ONE-WAY STREET, meaning that only the Respondent is bound by Court order. Cross EPO’s/TIPO’s may be necessary to prevent further violence, in order to keep both parties bound by the Court’s order of no contact or no violence contact. Call John at (859) 940-7480 if you are the Petitioner or the Respondent.

DVO and IPO orders can affect your ability to own a firearm. 

Criminal charges can accompany EPO’s/TIPO’s. Assault 4^th is commonly charged in conjunction with personal protective orders. You will have court in front of both a Family Court (Circuit) Judge and a District Court Judge. They are essentially two separate cases. With criminal charges, the County or Commonwealth Attorney takes over as the prosecutor.