As of June 27,the domestic violence statute for the Commonwealth of Kentucky has been changed to include both intentional and wanton strangulation. It is imperative that police departments update their domestic violence policy and make officers aware of this change immediately.
KRS Dating relationship is a relationship between individuals who have or have had a relationship of a romantic or intimate nature. The dating relationship does not include a casual acquaintanceship or ordinary fraternization in a business or social context.
Factors that will establish a dating relationship include, but are not limited to:. There is no requirement for a mutual reciprocation of the declaration of romantic interest or expectation of intimacy.
Member of an unmarried couple means each member of an unmarried couple which allegedly has in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together. Law enforcement is protected by good faith in applying the factors.
Officers should apply good judgment and common sense in applying these factors. If a dating relationship is established, an individual may obtain a temporary interpersonal order TIPO. An IPO will be valid for three years and shall have the same conditions imposed, absent child custody, vacating a shared residence, and support.
The respondent does not have to be convicted or charged, nor does the petitioner have to report the offense to law enforcement for the court to grant a TIPO or IPO. The legislature has also simplified protection orders. KRS applies to family members and unmarried couples.
Specifically, domestic violence and abuse is under KRS Protective orders under KRS If an officer has probable cause to believe a violation of a protective order took place, the officer shall arrest. The Kentucky League of Cities serves as the united voice of cities by supporting community innovation, effective leadership and quality governance.
Regulations and policies
July 3, Factors that will establish a dating relationship include, but are not limited to: Declarations of romantic interest The relationship was characterized by the expectation of affection Attendance at social outings together as a couple Frequency and type of interaction, including whether persons have been involved together over a period of time and on a continuous basis during the course of the relationship Length and recency of relationship Other indications of a substantial connection that would lead a reasonable person to understand that a dating relationship existed There are no set of factors that must be met.
Dating violence and abuse means: Physical injury Stalking Sexual Assault Strangulation Or the infliction of fear of: Imminent physical injury Serious physical injury Sexual abuse Strangulation Or assault occurring between persons who are or have been in a dating relationship A Lexington KY law dating member is: Spouse, including former spouse Grandparent Grandchild Parent Child Stepchild Any other person living in the same household as if the child is the alleged victim Member of an unmarried couple means each member of an unmarried couple which allegedly has in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together.
Chris Johnson Municipal Law Attorney. Open Records. E. Vine St.