(1) When Authorized. A restraining order may be granted at the commencement of an action, or during the pendency thereof, without written or oral notice to the adverse party or his attorney only if (A) it clearly appears from specific facts shown by verified complaint or affidavit that the applicant's rights are being or will be violated by the adverse party and the applicant will suffer immediate and irreparable injury, loss or damage before the adverse party or his attorney can be heard in opposition, and (B) the applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give notice and the reasons supporting his claims that notice should not be required.
Rule 65.03.Restraining order.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceKentucky allows an ex parte restraining order only on a verified showing of immediate irreparable injury and an attorney's certification of notice efforts, specifies which judges or officers may grant or dissolve it, requires it to be dated, signed, filed, and served, and limits its effectiveness until a hearing, a temporary-injunction ruling, or final judgment, whichever comes first.
Full Text of Rule 65.03
(2) Officers Who May Grant or Dissolve. A restraining order may be granted (a) by a judge of the circuit court in which the action is pending, (b) by a district judge of that judicial district if no judge of that circuit court is present in the county, (c) by a district trial commissioner of that county if he is an attorney and if neither a judge of the circuit court in which the action is pending nor a district judge of that judicial district is present in the county, or (d) by any circuit judge if no judge of the circuit court in which the action is pending is present in his judicial circuit. A restraining order may be dissolved on motion by the judge of the circuit court in which the action is pending or, if no judge of that court is present in his judicial circuit, by any circuit judge. For the purposes of this paragraph a disqualification or disability preventing a judge from acting shall be considered as tantamount to an absence from his judicial circuit. Before a restraining order may be granted or dissolved by one other than a judge of the circuit court in which the action is pending, the party applying for such relief shall show by his affidavit the absence, disqualification, or disability of the circuit judge or judges and the fact that no judge has refused such relief.
(3) Issuance, Signing and Filing. Every restraining order shall be endorsed with the date and hour of issuance, shall be signed by the officer granting it, and shall forthwith be filed in the clerk's office. Every restraining order granted without notice shall, in addition to the other requirements of this subparagraph, define the injury and state why it is irreparable and why the order was granted without notice.
(4) Service. A copy of the restraining order for each party to be restrained shall be delivered to a person authorized to serve a summons. Such person shall forthwith serve the order as provided by Rule 4.04, and forthwith make return thereof on the order. If a restraining order is issued at the commencement of an action, a copy shall be served with the summons.
(5) Binding Effect and Duration. A restraining order becomes effective and binding on the party to be restrained at the time of service or when he is informed of the order, whichever is earlier. Unless it provides an earlier termination date, a restraining order shall remain in force until, and not after, (a) the time set for a hearing on a motion to dissolve the restraining order unless there is then pending a motion for a temporary injunction, or (b) the entry of an order on a motion for a temporary injunction, or (c) the entry of a final judgment, whichever is earlier.
Amendment History
(Amended effective June 1, 1960; amended effective July 1, 1976; amended October 14, 1977, effective January 1, 1978; amended October 18, 1977, effective January 1, 1978; amended July 5, 1985, effective January 1, 1986.) Page 2 of 4 Rule 65.03. Restraining order.
Plain-English Summary
A restraining order is the fastest, most urgent form of relief Kentucky courts offer, and Rule 65.03 builds in safeguards because it can issue without ever telling the other side. A court may grant one without notice to the adverse party only when specific facts in a verified complaint or affidavit show that the applicant's rights are being or will be violated and that the applicant will suffer immediate and irreparable injury before the other side can be heard. The applicant's attorney must also certify, in writing, what efforts were made to give notice and why notice shouldn't be required.
The rule spells out who can grant or dissolve a restraining order, with a backup chain for when the usual judge isn't available. Normally it's a judge of the circuit court where the case is pending. If no circuit judge is present in the county, a district judge of that judicial district can step in; if neither is present, a district trial commissioner who is an attorney can act; and if no judge of the circuit court is present anywhere in the judicial circuit, any circuit judge may grant it. A disqualification or disability counts the same as an absence. Anyone asking someone other than the circuit judge in the case to grant or dissolve the order must show, by affidavit, that the regular judge is absent, disqualified, or disabled, and that no judge has already refused the request.
Once granted, a restraining order must carry the date and hour it was issued, be signed by the officer who granted it, and be filed with the clerk right away. If it was granted without notice to the other side, it also has to define the injury involved and explain why that injury is irreparable and why it was granted without notice. A copy for each restrained party goes to someone authorized to serve a summons, who must serve it as Rule 4.04 requires and promptly file a return showing service. An order issued at the commencement of an action gets served along with the summons.
A restraining order takes effect against the restrained party at the time of service or when that party is informed of the order, whichever happens first. It doesn't last indefinitely: unless it names an earlier termination date, it stays in force only until whichever comes first -- the time set for a hearing on a motion to dissolve it, unless a motion for a temporary injunction is then pending; the entry of an order on a motion for a temporary injunction; or the entry of a final judgment.
Frequently Asked Questions
Can a Kentucky court issue a restraining order without notifying the other side?
Yes, but only when specific facts in a verified complaint or affidavit show the applicant's rights are being or will be violated and that immediate, irreparable injury will occur before the other side can be heard, and the applicant's attorney certifies in writing what notice efforts were made and why notice should not be required.
How long does a restraining order last in Kentucky?
Unless it sets an earlier termination date, it remains in force only until the earliest of: the time set for a hearing on a motion to dissolve it (unless a temporary injunction motion is then pending), the entry of an order on a temporary injunction motion, or the entry of final judgment.
Who can grant a restraining order if the circuit judge is unavailable?
A district judge of that judicial district may grant it if no circuit judge is present in the county; if neither is present, a district trial commissioner who is an attorney may act; and if no circuit court judge is present anywhere in the judicial circuit, any circuit judge may grant it.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 65.03). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as: ex parte restraining order kentuckyTRO without notice kentuckyhow long does a restraining order last in kentuckywho can sign a restraining order kentuckyCR 65.03kentucky restraining order requirements