Family Law – extension of DVO, expired: Fedders v. Vogt-Kilmer (COA 7/31/2009)

Fedders v. Vogt-Kilmer
2008-CA-000450 07/31/2009 2009 WL 2341495

Opinion by Senior Judge Guidugli; Judges Stumbo and Thompson concurred.

The Court vacated and remanded an order of the family court extending an original domestic violence order (DVO) for three years. The Court held that because the DVO had expired prior to the filing date of the motion to extend it, the family court did not have jurisdiction to extend it pursuant to KRS 403.270 but could only consider a new petition.