Seven people file an emergency protection order each day in Fayette Co., report shows

Seven people file for an emergency protective order in Fayette County each day — the vast majority women — according to a new report from Lexington’s Domestic and Sexual Violence Prevention Coalition.

Released Monday, the report reflects 2,443 protective orders were filed in Fayette County — averaging seven people per day.

The report reveals crucial insights into patterns and needs within Lexington, and underscores the urgent need for systemic improvements and community-wide support to enhance survivors’ safety and well-being, according to the organization.

Of the overall number of protective orders issued, 61% were related to intimate partner and sexual violence, according to the report. That equates to four people per day filing for orders.

Intimate partner violence is described as two individuals who were previously married, share a child, currently living together, previously lived together as an intimate couple, or were currently or previously in a dating relationship.

For intimate partner and sexual violence protective orders, 76% were granted, out of the 1,547 petitions filed.

Emergency protection orders are a court order limiting the actions of a person for a fixed period of time — typically three years — to prevent abuse or threats of harm.

Criminal charges are meant to punish past behavior, but protection orders are used to prevent future acts of abuse.

What the report shows, suggests

A vast majority of those seeking a protection order were women at 76% — 68% of whom are white according to the report.

However, Fayette County’s Black population is over represented in the report. The Black community geographically consists of 14.7% in Fayette County, but makes up 27% of petitioners for intimate partner and sexual violence protection orders.

The highest rate of petitioners were reported in council district one, which includes downtown Lexington north of Main Street, including the east end neighborhood, parts of the west end and as far north as Interstate 75. Some of the major corridors in the District include Georgetown Street, Newtown Pike, Russell Cave Road, N. Limestone, N. Broadway and Midland Avenue.

The report identifies several systemic challenges, including a significant increase in the average time between filing a petition and attending a final court hearing.

In 2009, the average time was 17 days. In 2023, that average rose to 49 days.

“This delay exacerbates the risk and distress for survivors, who navigate complex legal processes during times of crisis,” the report stated.

For a majority of the cases filed for intimate partner and sexual violence, strangulation was indicated in 41% of narratives. While only 29% reported the respondent possessed a firearm, 44% of narratives included a firearm being used in their narrative submitted for an order.

Stephanie Theakston, LDSVPC program coordinator, said it was important to note how infrequently child support is being ordered in emergency protection orders.

“Judges have the statutory authority to do that, but it is not happening as often as it could,” she said.

It happens so infrequently, she believes it is what keeps petitioners from asking for it. In the report, only 7% of petitioners requested child support.

New recommendations for emergency protection orders

The report suggests new recommendations for the court system involved in issuing EPOs, and protecting survivors:

• Developing a protective order intake process that guides petitioners efficiently.
• Exploring the feasibility of routing non-domestic violence cases through District Court to alleviate the Family Court docket.
• Examining whether legislation to establish civil anti-harassment orders would be beneficial to survivors in Kentucky.
• Researching reasons for excessive time between petition and final hearing and developing solutions to reduce time.
• Instituting standardized criteria for judges to assess imminent threats, ensuring survivors receive consistent and informed decisions.
• Establishing ongoing intensive, collaborative training for legal professionals, law enforcement, and community organizations on domestic and sexual violence and the newest trends in research and practice.
• Creating and implementing a simpler tool to guide survivors in filling out petitions.
• Prioritizing child support orders in Domestic Violence Orders (DVOs) to alleviate financial burdens on survivors.