FCRPP 10.Issuance of summons
Last amended February 1, 2020 · Current through July 1, 2026 · Last verified September 8, 2026
Full Text of FCRPP 10
Amendment History
Kentucky publishes each rule’s amendment record as a “HISTORY” note beneath the rule, citing the Supreme Court order that adopted or amended it and that order’s effective date. It is reproduced verbatim below.
HISTORY: Adopted by Order 2020-1, eff. 2-1-20
Plain-English Summary
Two questions decide what happens to a petition, and this rule takes them in order. The first is whether the relationship between the parties is one the statutes recognise. If it is not — or if the petition fails to state an act or threat of domestic violence, dating violence and abuse, stalking or sexual assault — the judge notes that finding on the petition itself and no summons issues.
Where the relationship does qualify, the second question is danger. A finding of domestic violence and abuse, dating violence and abuse, stalking or sexual assault together with a finding of immediate and present danger produces an emergency protective order or temporary interpersonal protective order straight away.
The middle case is the one worth knowing. Where the relationship qualifies and the court determines that the conduct exists, but finds no immediate and present danger, the petition does not fail — a summons issues and a hearing is held to decide whether a full domestic violence order or interpersonal protective order should be entered. The rule adds that any finding at that hearing constitutes an appealable order.
Where a summons goes to a minor child, service follows the civil rule for minors, and if the child has no guardian or committee a guardian ad litem is appointed.
Frequently Asked Questions
What happens if my protective order petition is denied at the emergency stage?
It depends why. If the relationship is not one the statutes recognise, or the petition fails to state a qualifying act or threat, the judge notes that on the petition and no summons issues. But if the relationship qualifies and the court finds the conduct exists without immediate and present danger, a summons issues and a hearing is held.
When is an emergency protective order issued immediately?
Where the relationship is one recognised under the statute and there is a finding of domestic violence and abuse, dating violence and abuse, stalking or sexual assault together with a finding of immediate and present danger.
Can I appeal a ruling at the hearing?
The rule provides that any finding at the hearing constitutes an appealable order.
What if the summons is for a minor?
Service is made in the manner prescribed by CR 4.04(3), and if the minor child has no guardian or committee a guardian ad litem is appointed.