Telek v. Daugherty, Ky COA, Jurisdiction to Enter Domestic Violence Order

Telek v. Daugherty, 2009-CA-001993-ME

Published:   Reversing and Remanding

County: Kenton

If Respondent has been served with EPO, hearing for DVO must occur within 14 days of entry of the EPO, or the court loses subject matter jurisdiction to hold the hearing and has no jurisdiction to re-issue an EPO or enter a DVO.  In this case, even though the original EPO was re-issued and the hearing rescheduled to a time beyond the fourteen-day period at the request of Defendant’s counsel, the family court lost jurisdiction at the expiration of the fourteen-day period, for subject matter jurisdiction cannot be waived. 

Digested by Michelle Eisenmenger Mapes, Diana L. Skaggs + Associates