WHY SHOULD SOMEONE FILE FOR A PROTECTIVE ORDER?

If a victim is in immediate danger, call 911.

If a victim is not in immediate danger, he/she should take urgent action by visiting the Boone County Circuit Court Clerk during normal working hours to file for a protective order. For after-hours non-emergencies, victims should call law enforcement immediately.

Protective orders can provide protection against further violence and allow law enforcement to intervene and help those in abusive situations.

It is a crime to violate orders of protection.

Protective orders can be issued for up to three years and may be extended – longer than jail sentences or periods of probation for many criminal convictions.

The criminal process takes longer than it takes to get a protective order.

Victims who are unable to petition for protective orders, or those who filed a petition which is denied or dismissed, should take immediate action to speak with the Boone County Attorney’s Office or law enforcement to get information on next steps.

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WHAT IS THE DIFFERENCE BETWEEN AN EPO, DVO, TIPO AND IPO?


EPO (Emergency Protective Order): A court order issued without a hearing against a family member or a member of an unmarried couple if a review of a DVO petition shows an immediate and present danger of domestic violence and abuse. A judge can decide to not issue an EPO but still set a DVO hearing. An EPO is good for up to 14 days and may be extended.

DVO (Domestic Violence Order): A court order issued following a hearing against a family member or a member of an unmarried couple where a judge has found that acts of domestic violence and abuse have occurred and may occur again.

TIPO (Temporary Interpersonal Order): A court order issued without a hearing if a review of a petition for an IPO shows an immediate and present danger of dating violence and abuse, sexual assault, or stalking. A judge can decide not to issue a TIPO but still set an IPO hearing. This order expires at the end of the scheduled IPO hearing.

IPO (Interpersonal Protection Order): A court order issued following a hearing for an interpersonal protective order, filed by a victim of dating violence and abuse, stalking, sexual assault, or an adult on behalf of a victim who is a minor, where a judge has found that dating violence and abuse, sexual assault, or stalking has occurred and may occur again.

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HOW LONG DOES A PROTECTIVE ORDER LAST?

A protective order becomes effective when the respondent (the alleged perpetrator) is given notice of the order.

Once effective, law enforcement may enforce the order and take immediate action if there is a violation of the order.

An EPO (Emergency Protective Order) is good up to fourteen (14) days from the day it is issued by the court and may be extended.

A DVO (Domestic Violence Order) is good up to three (3) years, and it may be reissued.

A TIPO (Temporary Interpersonal Protection Order) is good until the IPO hearing ends, and it may be extended by the court.

An IPO (Interpersonal Protective Order) is good up to three (3) years, and it may be reissued.

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WHAT HAPPENS IF SOMEONE VIOLATES A PROTECTIVE ORDER?

If a victim is in immediate danger, call 911.

If someone violates a protective order, they may be charged with a crime in District Court or face jail time in Family Court.

If someone commits a crime while they are violating a protective order, they may also be charged with that crime.

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HOW DOES SOMEONE FILE FOR A PROTECTIVE ORDER?

If a victim is in immediate danger, call 911.

If a victim is not in immediate danger, he/she should take urgent action by visiting the Boone County Circuit Court Clerk during normal working hours to file for a protective order. For after-hours non-emergencies, victims should call law enforcement immediately.

The Boone County Circuit Court Clerk’s Office is located on the first floor of the Boone County Justice Center, 6025 Rogers Lane, Burlington, Kentucky 41005. They may be reached at (859) 448-2900.
It does not cost anything to file for a protective order.

A victim should bring as much information as possible about the alleged perpetrator to the clerk’s office when filing for a protective order.

A victim who feels that they are in immediate danger may, in the petition, ask the judge to issue an emergency protective order without a hearing to control the alleged perpetrator until the hearing is held. The court may deny an emergency order, but the case is still set for a hearing on the DVO or IPO. This means the judge did not see a threat of immediate harm but believed there was evidence of violence stated in the petition.

This is not a criminal proceeding. There is no threat of jail time unless a protective order is violated.

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WHAT HAPPENS AFTER A PETITION IS FILED?

DVO

The judge reviews the petition as soon as it is filed by a victim. If the petition does not show that domestic violence and abuse exists, the court will dismiss the petition. If the petition does show that domestic violence and abuse exists, the judge will issue a summons to the victim and alleged perpetrator for a hearing, and if the judge finds that the victim is in immediate danger of domestic violence and abuse, the judge may also issue an emergency protective order (EPO). An EPO is good until the end of the hearing for the domestic violence order (DVO).

The alleged perpetrator will receive a copy of the petition that is filed, a copy of an EPO if ordered by the judge, and a notice of the date and time of the DVO hearing. The victim’s contact information will not be included in the copies given to the alleged perpetrator.

At the DVO hearing, the judge hears evidence from both sides. If the evidence shows that domestic violence and abuse has occurred and may occur again, the judge will issue a DVO.

If the judge issues a DVO, a victim should notify his/her employer and/or school immediately and provide them a copy of the order.

IPO

The judge reviews the petition as soon as it is filed by a victim. If the petition does not show that dating violence and abuse, stalking, or sexual assault exists, the court will dismiss the petition. If the petition does show that dating violence and abuse, stalking, or sexual assault exists, the judge will issue a summons to the victim and alleged perpetrator for a hearing, and if the judge finds that the victim is in immediate and present danger of dating violence and abuse, sexual assault, or stalking, the judge may also issue an emergency interpersonal protective order (TIPO). A TIPO is good until the end of the hearing for the interpersonal protective order (IPO).

The alleged perpetrator will receive a copy of the petition that is filed, a copy of a TIPO if ordered by the judge, and a notice of the date and time of the TIPO hearing. The victim’s contact information will not be included in the copies given to the alleged perpetrator.

At the IPO hearing, the judge hears evidence from both sides. If the evidence shows that dating violence and abuse, sexual assault, or stalking has occurred and may occur again, the judge will issue an IPO.

If the judge issues an IPO, a victim should notify his/her employer and/or school immediately and provide them a copy of the order.

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WHAT IS IN THE PROTECTIVE ORDER?

DVO

A DVO may restrict the adverse party from:

  1. Committing more acts of domestic violence and abuse.
  2. Communicating with the victim or another person.
  3. Approaching the victim or another person within 500 feet.
  4. Going to or being within distance of a home, school, or place of work.
  5. Throwing away or damaging the victim’s property.
IPO

An IPO may restrict the adverse party from:

  1. Committing more acts of dating violence and abuse, stalking, or sexual assault.
  2. Communicating with the victim or another person or initiating contact that is likely to cause serious alarm, annoyance, intimidation, or harassment.
  3. Approaching the victim or another person within 500 feet.
  4. Going to or being within distance of a home, school, or place of work.
  5. Throwing away or damaging the victim’s property.

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WHAT IS VINE AND HOW IS IT HELPFUL?

Victim Information and Notification Everyday (“VINE”) is a statewide computerized victim notification system. Jails and detention centers are required to provide information to the system prior to releasing an inmate, and members of the public can receive this information.

VINE is accessible 24 hours a day, 7 days a week, and is available in multiple languages.

Individuals can choose to receive text, email, or phone notifications, and the system is free to use.

To sign up for VINE, call toll-free 1-800-511-1670, or visit www.vinelink.com.

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WHERE CAN A VICTIM GET HELP FILING FOR A PROTECTIVE ORDER?

If a victim is in immediate danger, call 911.

If a victim is not in immediate danger, he/she should take urgent action by visiting the Boone County Circuit Court Clerk during normal working hours to file for a protective order. For after-hours non-emergencies, victims should call law enforcement immediately.

The Boone County Circuit Court Clerk’s Office is located on the first floor of the Boone County Justice Center, 6025 Rogers Lane, Burlington, Kentucky 41005. They may be reached at (859) 448-2900.

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