AN ACT relating to ex parte orders.

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AN ACT relating to ex parte orders. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 237.060 TO 237.090 IS CREATED 3
TO READ AS FOLLOWS: 4
Notwithstanding any other provision of law, ex parte orders issued in the 5
Commonwealth shall not prohibit a person from possessing, purchasing, selling, or 6
otherwise transferring fi rearms, ammunition, firearm accessories, holsters, or firearm 7
storage devices, nor compel a person to surrender his or her firearms, ammunition, 8
firearm accessories, holsters, or firearm storage devices. 9
Section 2. KRS 403.730 is amended to read as follows: 10
(1) (a) The court shall review a petition for an order of protection immediately upon 11
its filing. If the review indicates that domestic violence and abuse exists, the 12
court shall summons the parties to an evidentiary h earing not more than 13
fourteen (14) days in the future. If the review indicates that such a basis does 14
not exist, the court may consider an amended petition or dismiss the petition 15
without prejudice. 16
(b) Service of the summons and hearing order under this subsection shall be made 17
upon the adverse party personally and may be made in the manner and by the 18
persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil 19
Procedure. A summons may be reissued if service has not been made on the 20
adverse party by the fixed court date and time. 21
(2) (a) If the review under this section also indicates the presence of an immediate 22
and present danger of domestic violence and abuse, the court shall, upon the 23
filing of the petition, issue ex parte an emergency protective order that: 24
1. Authorizes relief appropriate to the situation utilizing the alternatives set 25
out in KRS 403.740, other than awarding temporary support or 26
counseling; 27
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2. Sets forth which communi cations, if any, as requested by the petitioner, 1
are authorized and which communications are unauthorized; 2
3. Allows either party to retrieve his or her personal belongings from the 3
parties' shared residence and directs law enforcement to assist, if 4
requested; 5
4. Expires upon the conclusion of the evidentiary hearing required by this 6
section unless extended or withdrawn by subsequent order of the court; 7
and 8
5. Does not order or refer the parties to mediation unless requested by the 9
petitioner, and the court finds that: 10
a. The petitioner's request is voluntary and not the result of coercion; 11
and 12
b. Mediation is a realistic and viable alternative to or adjunct to the 13
issuance of an order sought by the petitioner. 14
[Nothing in ]This paragraph shall not be interpreted to place any restriction or 15
restraint on the petitioner. 16
(b) An order issued under this subsection shall not prohibit a person from 17
possessing, purchasing, selling, or otherwise transferring firearms, 18
ammunition, firearm accessories, holsters, or fi rearm storage devices, nor 19
compel a person to surrender his or her firearms, ammunition, firearm 20
accessories, holsters, or firearm storage devices. 21
(c) If an order is not issued under this subsection, the court shall note on the 22
petition, for the record, any action taken or denied and the reason for it. 23
Section 3. KRS 456.040 is amended to read as follows: 24
(1) (a) The court shall review a petition for an interpersonal protective order 25
immediately upon its filing. If the r eview indicates that dating violence and 26
abuse, stalking, or sexual assault exists, the court shall summons the parties to 27
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an evidentiary hearing not more than fourteen (14) days in the future. If the 1
review indicates that such a basis does not exist, the court may consider an 2
amended petition or dismiss the petition without prejudice. 3
(b) Service of the summons and hearing order under this subsection shall be made 4
upon the adverse party personally and may be made in the manner and by the 5
persons authorized to serve subpoenas under Rule 45.03 of the Rules of Civil 6
Procedure. A summons may be reissued if service has not been made on the 7
adverse party by the fixed court date and time. 8
(2) (a) If the review under this section also indicates the presence of an i mmediate 9
and present danger of dating violence and abuse, sexual assault, or stalking, 10
the court shall, upon the filing of the petition, issue ex parte a temporary 11
interpersonal protective order that: 12
1. Authorizes relief appropriate to the situation utili zing the alternatives set 13
out in KRS 456.060; 14
2. Sets forth which communications, if any, as requested by the petitioner, 15
are authorized and which communications are unauthorized; 16
3. Expires upon the conclusion of the evidentiary hearing required by this 17
section unless extended or withdrawn by subsequent order of the court; 18
and 19
4. Does not order or refer the parties to mediation unless requested by the 20
petitioner, and the court finds that: 21
a. The petitioner's request is voluntary and not the result of coerc ion; 22
and 23
b. Mediation is a realistic and viable alternative to or adjunct to the 24
issuance of an order sought by the petitioner. 25
[Nothing in ]This paragraph shall not be interpreted to place any restriction or 26
restraint on the petitioner. 27
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(b) An order issu ed under this subsection shall not prohibit a person from 1
possessing, purchasing, selling, or otherwise transferring firearms, 2
ammunition, firearm accessories, holsters, or firearm storage devices, nor 3
compel a person to surrender his or her firearms, ammu nition, firearm 4
accessories, holsters, or firearm storage devices. 5
(c) If an order is not issued under this subsection, the court shall note on the 6
petition, for the record, any action taken or denied and the reason for it. 7
Section 4. This Act may be cited as the Red Flag Repeal Act of 2026. 8