Motion for Expungement of Protection Order Records
This document is used to request the expungement of records related to an emergency or temporary order of protection in Kentucky. It must be filed six months after case dismissal and when no protection orders have been in effect. The motion also sets a date for a hearing.
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How do I fill this out?
To fill out this form, you will need to provide details about the case, including the case number, court, and parties involved. Ensure that six months have passed since the dismissal and no orders of protection are in effect. Sign and date the form before submitting.
How to fill out the Motion for Expungement of Protection Order Records?
1
Enter the case number, court, and division.
2
Provide the names of the petitioner and respondent.
3
Indicate that the petition did not result in a protective order and that six months have passed.
4
State that the respondent has not been bound by any protective order during the six months.
5
Sign, date, and provide your contact information.
Who needs the Motion for Expungement of Protection Order Records?
1
Individuals seeking to expunge records of emergency or temporary protection orders.
2
Lawyers assisting clients with expungement of protection order records.
3
Court officials processing expungement requests.
4
Victims of domestic violence looking to clear their legal record.
5
Respondents wishing to remove dismissed protection order records from their records.
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What are the instructions for submitting this form?
Submit the completed form to the court where the case was originally filed. Copies should also be sent to the petitioner, respondent, and any other relevant agencies or officials. Submission methods may include in-person delivery, mail, or fax. Ensure all copies include your signature and contact information for any follow-up communication. Check with your local court for specific submission requirements and deadlines. My advice is to keep copies of all submitted documents for your records.
What are the important dates for this form in 2024 and 2025?
Key dates for this form include ensuring six months have passed since the case dismissal before filing, as well as attending the expungement hearing as scheduled by the court.
What is the purpose of this form?
The purpose of this form is to request the expungement of records related to an emergency or temporary order of protection in Kentucky. It aims to clear the respondent's legal history once the conditions set by KRS 456.070 or KRS 403.745 are met. By completing this form, individuals seek to remove dismissed protection order records from both court and law enforcement files.
Tell me about this form and its components and fields line-by-line.
- 1. Case No.: The number assigned to the case by the court.
- 2. Court: The name of the court where the case was filed.
- 3. County: The county in which the court is located.
- 4. Division: The division of the court handling the case.
- 5. Petitioner: The name of the person who filed the petition.
- 6. Respondent: The name of the person against whom the petition was filed.
- 7. Statements: Sections indicating the case did not result in a protective order, that six months have passed, and no protective orders have been in effect.
- 8. Date: The date when the form is completed and signed.
- 9. Signature: The signature of the movant requesting expungement.
- 10. Hearing Date: The date of the scheduled expungement hearing.
- 11. Clerk: Signature and details of the court clerk handling the form.
What happens if I fail to submit this form?
Failure to submit this form may result in the continuation of the protection order records on your legal history, which can have various repercussions.
- Legal Record Impact: The protection order remains on your record, potentially affecting employment, housing, and other opportunities.
- Ongoing Stigma: Having a protection order on record can carry social stigma and affect personal relationships.
- Ineligibility for Future Relief: You may not be eligible for certain legal relief options if the protection order remains on your record.
How do I know when to use this form?
- 1. Case Dismissal: The form is used when the petition did not result in the issuance of a protective order.
- 2. Six-Month Waiting Period: Ensure six months have passed since the case dismissal before filing for expungement.
- 3. No Protective Orders: The respondent must not have been bound by any protective order during the six months preceding the request.
Frequently Asked Questions
How do I fill out this expungement form?
Provide the necessary details such as case number, court, and party names. Indicate that six months have passed since dismissal and no protection orders are in effect. Sign and date the form.
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What should I do if six months have not passed since case dismissal?
You need to wait until six months have passed since the case dismissal before filing for expungement.
Can I request expungement if a protective order was issued?
No, the petition must not result in a protective order for expungement to be requested.
What information do I need to provide in the form?
You need to provide the case number, court information, party names, and statements indicating no protective orders and six months have passed since dismissal.
Is there a fee for filing this expungement form?
Check with your local court for any applicable fees associated with filing the expungement form.
Where do I submit the completed expungement form?
Submit the completed form to the court where the case was filed, as well as any other relevant agencies or officials.
How long does the expungement process take?
The timeline for expungement can vary, so check with the court for specific processing times.
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