Request By:
Ms. Elizabeth Harvey
Director, Victims Advocacy Division
Office of the Attorney General
127 Building Annex #4
Frankfort, Kentucky 40601
Opinion
Opinion By: Frederic J. Cowan, Attorney General; Nathan Goldman, Assistant Attorney
General OAG 90-9 July 31, 1984
Hon. A. Jack MayDirector, Legal and Support ServicesKentucky Justice CabinetDepartment of TrainingStratton 107, Eastern Kentucky UniversityRichmond, Kentucky 40475-0957
IN RE: Addendum to OAG 84-258
I am writing in reference to an Opinion earlier issued by this Office, OAG 84-258, in which a police officer's power to effect a warrantless arrest under Section 10 of Senate Bill 17, which provides that violation of the terms or conditions of any order entered under the Act shall constitute contempt of court, was discussed. This Office opined and concluded, in reviewing the history and nature of contempt of court, that only a court has the inherent right to punish acts of contempt. OAG 84-258 at pp 2-3. Moreover, this Office concluded that, absent a warrant, a law enforcement officer generally may only arrest an individual who in the officer's presence commits a misdemeanor. OAG 84-258 at p 4.
While the language of Section 10 of Senate Bill 17 does not, in and of itself, empower a law enforcement officer to arrest without a warrant, it appears that under either the attached Domestic Violence Emergency Protective Order [AOC - 275.2/7-84] or Domestic Violence Order [AOC - 275.3/7-84], a law enforcement officer is not only empowered but is ordered to arrest a respondent for any violation of either order occurring in the officer's presence provided the judge issuing such order has signed the order.
We trust that you will bring this addendum to the attention of the law enforcement agencies as required by Section 15 of SB 17. If we can be of further assistance to you, please do not hesitate to contact us.
David L. Armstrong, Attorney General; Sarah M. Jackson, Assistant Attorney General
Frederic J. Cowan, Attorney General; Nathan Goldman, Assistant Attorney General
You have inquired as to the addendum written to OAG 84-258. This addendum was dated on July 31, 1984, and was written to A. Jack May. Unlike OAG 84-258, the addendum was never published. At your request, we are hereby publishing the addendum as a formal opinion.