Kentucky
Kentucky Restraining Order Laws (2026): How to Get a Protective Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
In Kentucky, a Domestic Violence Order (DVO) protects victims of family violence and can last up to 3 years per term. For dating partners who do not share a household, an Interpersonal Protective Order (IPO) provides the same protection. Filing is free, and a judge can issue an Emergency Protective Order (EPO) the same day, before the respondent is notified.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Kentucky
Kentucky law provides several overlapping protective order tracks. The Domestic Violence Order (DVO) is the core civil remedy for family members and household members. It is preceded by an Emergency Protective Order (EPO), which a judge issues ex parte (without the respondent present) when there is immediate danger of domestic violence. Together, the EPO and DVO are governed by KRS Chapter 403.
The Interpersonal Protective Order (IPO), found in KRS Chapter 456, fills an important gap. Under (1), a petition may be filed by a victim of dating violence and abuse, a victim of stalking, or a victim of sexual assault. Only the dating-violence category requires a dating or intimate relationship with the respondent; the stalking and sexual-assault categories require no relationship with the respondent at all. The IPO has the same protection and duration as a DVO.
Kentucky does not have a separate stand-alone stalking order: a stalking victim with no relationship to the respondent uses the same Interpersonal Protective Order track described above. Together, the DVO/EPO and IPO tracks ensure that nearly every victim of intimate-partner violence, family violence, stalking, or sexual assault has a civil remedy in Kentucky courts.
Who can get a restraining order in Kentucky?
For the Domestic Violence Order (DVO) and Emergency Protective Order (EPO), you must have a qualifying family or household relationship with the respondent. Qualifying relationships under include:
- Current or former spouses
- Parents, children, and stepchildren
- Grandparents and grandchildren
- Adult siblings
- Persons who share a child in common
- Persons who currently or formerly lived together in the same household
The Interpersonal Protective Order (IPO) extends coverage to three categories of petitioners under (1): victims of dating violence and abuse (a person who dated someone but never cohabited must use the IPO track, not the DVO track), victims of stalking, and victims of sexual assault. Only the dating-violence category requires any relationship with the respondent; a stalking or sexual-assault victim may petition regardless of any connection to the respondent.
For stalking and sexual-assault victims, KRS 456.030(1) allows an IPO petition with no relationship to the respondent required at all. If someone is following, threatening, or surveilling you and you have no qualifying connection to them, you may petition for an IPO in District or Circuit Court under this stalking category. Anyone at least 14 years of age may file; parents and guardians may petition on behalf of minor children.
How to file for a restraining order in Kentucky
For a DVO or EPO, you file in District Court in the county where you reside, where the respondent resides, or where the domestic violence incident occurred. Petitions for an IPO may be filed in either District Court or Circuit Court -- jurisdiction is concurrent under KRS 456.030(6)(a), and many counties route IPO filings through a 24-hour access protocol that may direct you to a specific court. Most courthouses have self-help centers that can assist you in completing the required forms without a lawyer.
Filing is free. Under the Violence Against Women Act, courts cannot charge a filing fee or a fee for service of process for a domestic-violence protective order. If you need an EPO outside of regular court hours, law enforcement officers can contact an on-call judge to issue one.
When you file, you will complete a petition describing the abuse or threat. A judge reviews it the same day. If the judge finds reasonable grounds to believe domestic violence occurred or is about to occur, an EPO is issued immediately. You do not need a police report to file, and you do not need to have a prior criminal case pending. Domestic-violence advocates at organizations across Kentucky can accompany you to court, help you complete forms, and provide safety planning at no cost.
Temporary vs. final orders: how long they last
Kentucky uses a two-step process. The ex parte EPO is issued the same day you file, without the respondent present, when the judge finds immediate danger. The EPO is effective for up to 14 days, or until a full hearing is held. If the respondent is not yet served before the EPO expires, a judge may reissue it for up to 14 additional days.
At the full hearing, both parties appear and can present evidence. If the judge finds domestic violence occurred or may again occur, a DVO or IPO is entered.
| Order Type | Duration |
|---|---|
| Emergency Protective Order (EPO) | Up to 14 days (until hearing) |
| Domestic Violence Order (DVO) | Up to 3 years; renewable |
| Interpersonal Protective Order (IPO) | Up to 3 years; renewable |
The DVO and IPO are each renewable for additional periods of up to 3 years. To renew, you file a motion before the current order expires and show that continued protection is necessary.
Firearms and a Kentucky protective order
When a qualifying DVO is entered after notice and a hearing, the respondent is prohibited from possessing firearms under the federal firearm ban at (g)(8). Kentucky state law itself does not mandate general firearm relinquishment: covers DVO relief (no-contact, distance restrictions, residence exclusion, custody, and up to a 3-year duration) and contains no firearm provision. Kentucky's only state-law firearm-adjacent requirement is , which requires a respondent holding a concealed-carry license to surrender that license to the court or serving officer.
The federal ban applies to any person subject to a qualifying final order that was issued after a hearing with notice to the respondent, restrains that person from harassing, stalking, or threatening an intimate partner or a child of an intimate partner, and includes a finding that the person poses a credible threat to the physical safety of that person or child. Possessing a firearm in violation of that federal law is a serious federal felony.
If the respondent retains firearms after a DVO is entered, report this to law enforcement. You do not need to confront the respondent yourself.
What happens if someone violates the order?
Violating a DVO or IPO in Kentucky is a crime under (as amended, eff. June 27, 2025). The penalty structure is:
- First and second violations: Class A misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
- Third or subsequent violation within five years, involving physical force or a threat of physical harm: Class D felony, punishable by 1 to 5 years in prison and a fine of $1,000 to $10,000. A third or subsequent violation that does not involve force or a threat of harm remains a Class A misdemeanor. The five-year period runs from the dates the underlying offenses occurred, and counts qualifying violations under (4)(a), 508.155, and 510.037 in addition to 403.763. The prior and current violations do not need to involve the same protected person.
Police in Kentucky may arrest a respondent without a warrant when they have probable cause to believe a DVO or IPO has been violated. If the respondent violates the order, call 911 immediately and keep any evidence (texts, voicemails, photos) of the violation. Report the violation to the court as well; a violation can also be treated as contempt of court.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related
For information on Kentucky's self-defense laws, see the Kentucky Self-Defense Laws page. For documenting harassment or threats for use in a protective-order proceeding, see Kentucky Recording Laws. For a full overview of how protective orders work across the country, return to the Restraining Order Laws by State hub.
More Kentucky Laws
Frequently Asked Questions
How do I get a restraining order in Kentucky?
File a petition at the District Court in your county (or the county where the respondent lives, or where the abuse occurred). Ask for an Emergency Protective Order (EPO). A judge will review your petition the same day. If you qualify, the EPO is issued immediately, without the other party present. A full hearing is scheduled within 14 days, at which a Domestic Violence Order (DVO) may be entered. If you were in a dating relationship but did not share a household, or if you are a stalking or sexual-assault victim with no relationship to the respondent, file for an Interpersonal Protective Order (IPO) in District or Circuit Court instead (jurisdiction is concurrent).
How long does a restraining order last in Kentucky?
An Emergency Protective Order (EPO) lasts up to 14 days, until the full hearing. A final Domestic Violence Order (DVO) or Interpersonal Protective Order (IPO) lasts up to 3 years and is renewable for additional 3-year terms.
How much does a restraining order cost in Kentucky?
Filing for a DVO, EPO, or IPO is free. The Violence Against Women Act prohibits courts from charging a filing fee or service fee for domestic-violence protective orders.
Can I get a restraining order without a police report?
Yes. You do not need a police report or a prior criminal case to petition for a protective order in Kentucky. You file a civil petition in District Court (or Circuit Court for an IPO) describing the abuse or threat. The judge decides based on your petition and testimony.
Does a restraining order take away gun rights in Kentucky?
Yes, if a qualifying DVO is issued after a hearing with notice to the respondent, the federal ban at 18 U.S.C. 922(g)(8) prohibits possession of firearms or ammunition for the duration of that order. Kentucky state law itself does not mandate general firearm surrender; KRS 403.740 (the DVO statute) has no firearm provision, though KRS 237.110 requires a respondent who holds a concealed-carry license to surrender that license.
What happens if the abuser violates the order?
Call 911 immediately. Police can arrest the respondent without a warrant on probable cause that a DVO or IPO was violated. A first or second violation is a Class A misdemeanor (up to 12 months jail); a third or subsequent violation within five years, if it involves physical force or a threat of physical harm, is a Class D felony (1 to 5 years). Document every violation and report it to the court.
What is the difference between a DVO, an EPO, and an IPO in Kentucky?
An EPO (Emergency Protective Order) is the temporary ex parte order issued on the day you file; it lasts up to 14 days. A DVO (Domestic Violence Order) is the final order entered after a full hearing; it covers family members and household members. An IPO (Interpersonal Protective Order) works the same as a DVO but covers three groups under KRS 456.030(1): people in a dating or intimate relationship who never shared a household, stalking victims, and sexual-assault victims -- the stalking and sexual-assault categories require no relationship to the respondent.
Updates
Corrected Kentucky's protective-order types (the Interpersonal Protective Order covers stalking and sexual-assault victims with no relationship required, not a separate 'Stalking Protective Order'), its filing venue (IPO jurisdiction is concurrent between District and Circuit Court, not Circuit Court only), and the violation-penalty ladder (the felony tier requires a third or subsequent violation involving force or a threat of harm, not a second violation).
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected a mistaken KRS 403.740 firearm-relinquishment claim: that statute has no firearm language at all. The federal ban (18 U.S.C. 922(g)(8)) is the real relinquishment hook; Kentucky's only state-law firearm provision (KRS 237.110) requires surrender of a concealed-carry license, not firearms generally.
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 237: FIREARMS AND DESTRUCTIVE DEVICES
§ 237.110License to carry concealed deadly weapon -- Criteria -- Training -- Paper or electronic application -- Issuance and denial of licenses -- Automated listing of license holders -- Suspension or revocation -- Renewal -- Prohibitions -- Reciprocity -- Reports -- Requirements for training classesIn force
(1) The Department of Kentucky State Police is authorized to issue and renew licenses to carry concealed firearms or other deadly weapons, or a combination thereof, to persons qualified as provided in this section. (2) An original or renewal license issued pursuant to this section shall: (a) Be valid throughout the Commonwealth and, except as provided in this section or other specific section of the Kentucky Revised Statutes or federal law, permit the holder of the license to carry firearms, ammunition, or other deadly weapons, or a combination thereof, at any location in the Commonwealth; (b) Unless revoked or suspended as provided by law, be valid for a period of five (5) years from the date of issuance; (c) Authorize the holder of the license to carry a concealed firearm or other deadly weapon, or a combination thereof, on or about his or her person; and (d) Authorize the holder of the license to carry ammunition for a firearm on or about his or her person.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 11 court opinionsMost recently applied by a court: 2024
Leading cases:
- Mitchell v. University of Kentucky (Kentucky Supreme Court 2012, 366 S.W.3d 895)“…alid license to carry a concealed deadly weapon pursuant to KRS 237.110 ("concealed carry license"). On April 2…”
- Commonwealth v. Howard (Kentucky Supreme Court 1998, 969 S.W.2d 700)“…concealed deadly weapon, a person must be 21 years of age. KRS 237.110. There are a variety of situations whic…”
- City of Pikeville, Kentucky v. Kentucky Concealed Carry Coalition, Inc. (Kentucky Supreme Court 2023)“…requires relevant signage. Additionally, the City asserted KRS 237.110 and KRS 244.125 authorized the prohibi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.720Definitions for KRS 403.715 to 403.785In force
As used in KRS 403.715 to 403.785: (1) "Domestic animal" means a dog, cat, or other animal that is domesticated and kept as a household pet, but does not include animals normally raised for agricultural or commercial purposes; (2) "Domestic violence and abuse" means: (a) Physical injury, serious physical injury, stalking, sexual assault, strangulation, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual assault, strangulation, or assault between family members or members of an unmarried couple; or (b) Any conduct prohibited by KRS 525.125, 525.130, 525.135, or 525.137, or the infliction of fear of such imminent conduct, taken against a domestic animal when used as a method of coercion, control, punishment, intimidation, or revenge directed against a family member or member of an unmarried couple who has a close bond of affection to the domestic animal; (3) "Family member" means a spouse, including a former spouse, a grandparent, a grandchild, a parent, an adult sibling, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim; (4) "Foreign protective order" means any…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 225 court opinionsMost recently applied by a court: 2026
Leading cases:
- Springer v. Commonwealth (Kentucky Supreme Court 1999, 998 S.W.2d 439)“…in the context of domestic violence and abuse as defined by KRS 403.720, belief that danger is imminent can be…”
- Pennington v. Marcum (Kentucky Supreme Court 2008, 266 S.W.3d 759)“…upport; (d) If domestic violence and abuse, as defined in KRS 403.720, is found by the court to exist, the ex…”
- Caudill v. Caudill (Court of Appeals of Kentucky 2010, 318 S.W.3d 112)“…definition of domestic violence and abuse, as expressed in KRS 403.720(1), includes “physical injury, serious…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 403.740Domestic violence order -- Restrictions -- Temporary child support -- Expiration and reissuanceIn forcecited in 2 of our articles
(1) Following a hearing ordered under KRS 403.730, if a court finds by a preponderance of the evidence that domestic violence and abuse has occurred and may again occur, the court may issue a domestic violence order: (a) Restraining the adverse party from: 1. Committing further acts of domestic violence and abuse; 2. Any unauthorized contact or communication with the petitioner or other person specified by the court; 3. Approaching the petitioner or other person specified by the court within a distance specified in the order, not to exceed five hundred (500) feet; 4. Going to or within a specified distance of a specifically described residence, school, or place of employment or area where such a place is located; and 5. Disposing of or damaging any of the property of the parties; (b) Authorizing, at the request of the petitioner: 1. Limited contact or communication between the parties that the court finds necessary; or 2. The parties to remain in a common area, which may necessitate them being closer than five hundred (500) feet under limited circumstances with specific parameters set forth by the court.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 107 court opinionsMost recently applied by a court: 2026
Leading cases:
- Wright v. Wright (Court of Appeals of Kentucky 2005, 181 S.W.3d 49)“…t hold a hearing prior to entering the DVO, in violation of KRS 403.740 and 403.745, and made its decision base…”
- Daugherty v. TELEK (Kentucky Supreme Court 2012, 366 S.W.3d 463)“…uance of an emergency protective order (EPO) as required by KRS 403.740(4). Because we conclude that the Kenton…”
- Castle v. Castle (Court of Appeals of Kentucky 2019, 567 S.W.3d 908)“…tic violence and abuse has occurred and may again occur[.]" KRS 403.740(1). The preponderance of the evidence…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Audio Recording Laws: One-Party Consent Rules and Penalties
§ 403.763Violation of order of protection constitutes contempt of court and criminal offenseIn force
(1) Violation of the terms or conditions of an order of protection after the person has been served or given notice of the order shall constitute contempt of court and a criminal offense under this section. Once a criminal or contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding. (2) (a) Court proceedings for contempt of court for violation of an order of protection shall be held in the county where the order was issued or filed. (b) Court proceedings for a criminal violation of an order of protection shall follow the rules of venue applicable to criminal cases generally. (3) Nothing in this section shall preclude the Commonwealth from prosecuting and convicting the respondent of criminal offenses other than violation of an order of protection. (4) (a) A person is guilty of a violation of an order of protection when he or she intentionally violates the provisions of an order of protection after the person has been served or given notice of the order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 7 court opinionsMost recently applied by a court: 2025
Leading cases:
- Butts v. Commonwealth (Kentucky Supreme Court 1997, 953 S.W.2d 943)“…conduct in question and that he intentionally violated it. KRS 403.763. Thus, the criminal contempt violation…”
- Ware v. Commonwealth (Kentucky Supreme Court 2001, 47 S.W.3d 333)“…e, KRS 508.140, violation of an emergency protective order, KRS 403.763, and being a persistent felony offender…”
- Hedges v. Commonwealth (Kentucky Supreme Court 1996, 937 S.W.2d 703)“…rgency Protection Order which is itself a crime pursuant to KRS 403.763(2). Hedges had been prohibited from com…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 456: CIVIL ORDERS OF PROTECTION
§ 456.030Petition for interpersonal protective orderIn force
(1) A petition for an interpersonal protective order may be filed by: (a) A victim of dating violence and abuse; (b) A victim of stalking; (c) A victim of sexual assault; or (d) An adult on behalf of a victim who is a minor otherwise qualifying for relief under this subsection. (2) The petition may be filed in the victim's county of residence or a county where the victim has fled to escape dating violence and abuse, stalking, or sexual assault. (3) The petition shall be verified and contain: (a) The name, age, address, occupation, residence, and school or postsecondary institution of the petitioner; (b) The name, age, address, occupation, residence, and school or postsecondary institution of the person or persons who have engaged in the alleged act or acts complained of in the petition; (c) The facts and circumstances which constitute the basis for the petition; and (d) The names, ages, and addresses of the petitioner's minor children, if applicable.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 15 court opinionsMost recently applied by a court: 2026
Leading cases:
- Castle v. Castle (Court of Appeals of Kentucky 2019, 567 S.W.3d 908)“…ng and sexual assault, and provides for issuance of an IPO. KRS 456.030(1). Distinctions in DVOs and IPOs, as w…”
- Calhoun v. Wood (Court of Appeals of Kentucky 2017, 516 S.W.3d 357)“…ing, she was permitted to file a petition for an IPO. See KRS 456.030(l)(b). Further, the circuit court prope…”
- A.W.H. v. P.H. on Behalf of A.T.H., a Minor Child (Court of Appeals of Kentucky 2026)“…s secure and as uninterrupted as possible[.]” KRS 456.030(1) provides that a petition for an IPO…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 456.180Violation of order of protectionIn force
(1) Violation of the terms or conditions of an order of protection after the person has been served or given notice of the order shall constitute contempt of court and a criminal offense under this section. Once a criminal or contempt proceeding has been initiated, the other shall not be undertaken regardless of the outcome of the original proceeding. (2) (a) Court proceedings for contempt of court for violation of an order of protection shall be held in the county where the order was issued or filed. (b) Court proceedings for a criminal violation of an order of protection shall follow the rules of venue applicable to criminal cases generally. (3) Nothing in this section shall preclude the Commonwealth from prosecuting and convicting the respondent of criminal offenses other than violation of an order of protection. (4) (a) A person is guilty of a violation of an order of protection when he or she intentionally violates the provisions of an interpersonal protective order after the person has been served or given notice of the order.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Explore the law
This article also draws on these acts and chapters (opening at their first section): Kentucky Revised Statutes, Chapter 456: CIVIL ORDERS OF PROTECTION § 456.010 (Definitions for chapter) · Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY § 403.010 (Court may grant divorce -- Remarriage)
Related law for further reading — not part of this article’s citations.
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Sources and References
- KRS Chapter 403 - Domestic Violence and Abuse (EPO and DVO)(apps.legislature.ky.gov).gov
- KRS Chapter 456 - Interpersonal Protective Orders(apps.legislature.ky.gov).gov
- 18 U.S.C. 922(g)(8) - Federal firearm prohibition for persons under qualifying protective orders(law.cornell.edu)
- KRS 403.763 (Violation penalties, as amended eff. June 27, 2025)(apps.legislature.ky.gov).gov