Personal service required before domestic violence order may be entered, published opinion by Ky Court of Appeals

Power of Attorney

Thurman v. Thurman

Trial Court entered a DVO against Father. Nothing in the record of the domestic violence hearing showed that a summons was served on Father. Mother argued the summons was served on Father at his last known address and that Father told Mother he was aware of the date of the hearing. The Court of Appels held that Father was not properly served with a summons to appear for a hearing because, under KRS 403.730(1)(b), summons in response to a DVO petition “shall be made upon the adverse party personally” and “knowledge of the pendency of an action is not sufficient to give a court jurisdiction over a person.” The DVO entered by the trial court was vacated and the case remanded for another hearing after proper service was made.

Digested by Emily T. Cecconi

Recent Posts

Kentucky Court of Appeals Affirms Barren Family Court Order Holding Cabinet in Contempt After it Fails to Return Child to North Dakota
March 27, 2023
Kentucky Court of Appeals reverses Marion Circuit Court, holds that tax credit for child goes to parent with higher adjusted gross income if parents are joint custodians with equal timesharing
March 27, 2023
Kentucky Court of Appeals reverses Allen Family Court, vacates IPO extension based on insufficient written findings to support evidence of stalking by Respondent
March 20, 2023