Domestic Violence

DOMESTIC VIOLENCE AND ABUSE EPO PROCEDURES

To describe and confirm the continuation of its procedures to assure twenty-four (24) hours accessibility to EMERGENCY PROTECTIVE ORDERS (EPO) and otherwise to provide protection to victims in domestic violence and abuse cases pursuant to KRS 403.715 to 403.785, Hopkins District Court hereby advises and orders as follows:

IN CASES OF PROBABLE CAUSE ARREST

(1) Any peace officer, without a warrant, may arrest a person when the peace officer has probable cause to believe that if not immediately restrained and arrested the person will present a danger or threat of danger to others and in addition the peace officer has probable cause to believe the person has intentionally or wantonly caused physical injury to a family member or to a member of an unmarried couple.

(2) Any person arrested without a warrant pursuant to criteria set out in paragraph 1 above and charged with a criminal offense shall be detained in the Hopkins County Detention Center ineligible for bond until brought before the Court or until interviewed by the pretrial officer and bond thereafter set by one of the Hopkins District or Circuit Judges. All bonds posted in such cases shall include as a condition of pretrial release that defendant shall have no contact with the alleged victim until otherwise allowed by order of the Court.

(3) All victims in cases in which probable cause arrests have been made shall be encouraged by the peace officers involved to file domestic violence petitions in order to seek future protective orders. Victims shall e referred to the office of the Hopkins County Attorney, who may assist in preparation of petitions along with prosecution of related criminal charges.

IN CASES WITHOUT PROBABLE CAUSE ARREST

(1) Victims shall be encouraged to file a domestic violence petition seeking an emergency protective order in the Hopkins Circuit Clerks office on normal working days from 8:00 am to 4:00 pm. During weekends, holidays and non-working hours of the week when the Clerks office is not open, anyone wishing to file a domestic violence petition shall be referred first to the County Attorney or Assistant County Attorney on-call or alternatively to the Hopkins District Judge or Circuit Judge on-call. If no on-call schedule is published for the date involved, law enforcement personnel receiving a complaint of domestic violence or abuse shall determine availability and contact officials in the following order: 1) County Attorney or Assistants; 2) Hopkins District Judges: 3) Hopkins Circuit Judge. The County Attorneys staff and each Hopkins District Judge maintain a policy of handling requests at any time in the event of emergency. The Hopkins Circuit Judge should be contacted only when on-call or in the unlikely event that no County Attorney or District Judge is available.

(2) Upon the advice and direction of the available County Attorney, County Attorney Assistant, District Judge or Circuit Judge, any law enforcement personnel processing a domestic violence or abuse complaint or the involved County Attorney Staff shall be authorized to assist the victims in completing the Domestic Violence Petition.

(3) The Hopkins County Attorney, Assistant Attorneys and Staff, the Hopkins County Sheriff and all of the Sheriffs Deputies, the Madisonville Chief of Police and all Madisonville Police Officers, the Dawson Springs Chief of Police and all Dawson Springs Police Officers, and all Kentucky State Police Officers officially on duty in Hopkins County are authorized hereby to provide Domestic Violence Petitions to any person so requesting and, further, are authorized to assist said person in completing the petition and administering to such person their oath required to affirm the truthfulness of the contents of such petition. The petitioner, after being sworn, shall sign the petition. The person administering the oath shall also sign the petition in verification of the oath and immediately present same to the available Hopkins County District or Circuit Judge for action. Any EPO issued thereafter shall be entered into the LINK Network and executed upon the respondent named in the EPO as soon as possible.