Section 456.035 - Interpersonal protective orders involving minors - Procedures(1) Any petition filed under KRS 456.030 on behalf of a minor who is an alleged victim of dating violence and abuse, sexual assault, or stalking, or in which a minor is named as a respondent or petitioner, shall comply with the requirements in that section and shall: (a) Proceed in accordance with the procedural safeguards under KRS 610.070; and(b) Conform to the confidentiality provisions under KRS 610.340.(2) If the court orders an evidentiary hearing under KRS 456.040(1)(a), a guardian ad litem shall be appointed for any unrepresented minor who is a respondent to the action or a petitioner who is an alleged victim of dating violence and abuse, sexual assault, or stalking. The guardian ad litem shall be paid a fee fixed by the court not to exceed five hundred dollars ($500), which shall be paid by the Finance and Administration Cabinet.(3) Violation of the terms or conditions of an order of protection issued under KRS 456.060 after the person has been served or given notice of the order shall constitute contempt of court and may constitute a criminal offense pursuant to KRS 456.180 if the offender is an adult or a public offense under KRS 600.020(51) if the offender is a juvenile. Once a juvenile action or contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding.(4) Nothing in subsection (3) of this section shall preclude the Commonwealth from proceeding, or the petitioner from pursuing charges, against the minor respondent for offenses other than a violation of an order of protection. Proceedings against a minor respondent for offenses other than a violation of an order of protection shall proceed:(a) In the juvenile session of District Court; and(b) In accordance with the procedural and statutory provisions established for the juvenile session of District Court.Effective: 7/15/2024
Created 2024 Ky. Acts ch. 135, sec. 1, effective 7/15/2024.