Request By:
Ms. Jill E. Robinson
Administrative Assistant
Kentucky Commission on Women
614 A Shelby Street
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; Willie E. Peale, Assistant Attorney General
We are in receipt of your letter in which you requested this Office answer two questions. Your first question was whether the District Judge can assess court costs on individuals who are granted a warrant and then do not appear in court to testify. According to KRS 64.340 fees in misdemeanor cases must be collected from a defendant. Then in KRS 453.020 fees in felony cases must be collected from the defendant if convicted. In any case, if the defendant is acquitted under KRS 453.010 the Commonwealth is not liable for costs. Thus, there is no statutory basis for assessing costs against a party securing a warrant.
You have also asked what law enforcement agency has the responsibility of enforcing restraining orders. There is no statutory basis to establish primary responsibility for enforcing restraining orders. However, in the specific example of a divorce proceeding, which is a civil action, where an injunction or temporary order has been entered by the court there is a statutory requirement for enforcement. In KRS 403.240 the party, against whom the injunction or order has been violated, must go to court and request that the court act or enter an appropriate order.
Be further advised that in KRS 431.005 any peace officer may make an arrest pursuant to a warrant when a felony or misdemeanor is committed in their presence or he has reasonable grounds to believe that a felony has been committed. The language "any peace officer" means a sheriff, constable, city policeman, county policeman, and state policeman. These law enforcement officers will respond to a distress call in accordance with their jurisdiction. Thus, as a practical matter, any peace officer that is contacted concerning alleged criminal activity or conduct, e.g. criminal trespass, harassment, assault, etc., in his jurisdiction has the duty to respond to that situation.
In conclusion, the party securing a warrant and failing to appear at trial is not liable for court costs. Further, all peace officers are responsible for arrest upon a crime being committed and if one wants to have an injunction or restraining order enforced they should go to the court for an appropriate order.