WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Kentucky law uses, what it actually means, and the misreading it usually collects.
61 terms
A
Aggravating circumstance
One of the listed facts in a DUI case that raises the minimum jail term, to four days for a first offense and 14 days for a second.
Also called aggravator
One of the listed facts in a DUI case that raises the minimum jail term, to four days for a first offense and 14 days for a second.
What it is not
It does not change the offense itself; it raises the minimum sentence the court must impose.
Alcohol intoxication
Appearing in a public place so plainly under the influence of alcohol that the person may endanger themselves, others or property, or unreasonably annoys people nearby.
Also called public intoxication, drunk in public
Appearing in a public place so plainly under the influence of alcohol that the person may endanger themselves, others or property, or unreasonably annoys people nearby.
What it is not
It is not simply having drunk; the offense needs the public place and the danger or annoyance.
Application for adjustment of claim
The filing that starts a contested workers' compensation claim, due within two years after the accident or after income benefits stop, whichever is later.
Also called workers' comp claim
The filing that starts a contested workers' compensation claim, due within two years after the accident or after income benefits stop, whichever is later.
What it is not
It is not the notice to the employer, which is given as soon as practicable.
C
Citation instead of arrest
For a misdemeanor committed in an officer's presence, a written charge given instead of an arrest when there are reasonable grounds to believe the person will appear.
Also called citation, ticket
For a misdemeanor committed in an officer's presence, a written charge given instead of an arrest when there are reasonable grounds to believe the person will appear.
What it is not
It is still a criminal charge, and the officer may arrest instead for the listed offenses or where the person poses a danger.
Class A misdemeanor
The higher class of misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
Also called misdemeanor
The higher class of misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
What it is not
It is not a felony; a felony is punishable by confinement in the penitentiary.
Class D felony
The lowest class of felony, punishable by one to five years.
Also called felony
The lowest class of felony, punishable by one to five years.
What it is not
It is not a misdemeanor, even though its range is short; it is served in the penitentiary.
Closed session
A private part of a public meeting, allowed only for a listed exception, after announcing it and voting in public.
Also called executive session
A private part of a public meeting, allowed only for a listed exception, after announcing it and voting in public.
What it is not
No final action may be taken in a closed session.
Concealed deadly weapon
A firearm or other deadly weapon carried hidden, which a person twenty one or older who may lawfully possess a firearm may do without a license where a licensee may.
Also called concealed carry
A firearm or other deadly weapon carried hidden, which a person twenty one or older who may lawfully possess a firearm may do without a license where a licensee may.
What it is not
A firearm in a factory installed compartment of a vehicle is not concealed on the person.
Course of conduct
A pattern of two or more acts showing a continuity of purpose, including following, monitoring or threatening, and using phones, social media, cameras or other devices.
Also called pattern
A pattern of two or more acts showing a continuity of purpose, including following, monitoring or threatening, and using phones, social media, cameras or other devices.
What it is not
Constitutionally protected activity is not part of a course of conduct.
D
De facto custodian
A person a court finds by clear and convincing evidence was a child's primary caregiver and financial supporter, given the same standing in custody as a parent.
Also called primary caregiver
A person a court finds by clear and convincing evidence was a child's primary caregiver and financial supporter, given the same standing in custody as a parent.
What it is not
It is not anyone who helped raise the child; the court has to make the finding.
Disposable earnings
The part of earnings left after the deductions the law requires to be withheld, on which the garnishment limit is figured.
Also called take home pay
The part of earnings left after the deductions the law requires to be withheld, on which the garnishment limit is figured.
What it is not
It is not gross pay; voluntary deductions are not what it subtracts.
Domestic violence order
The order a court may issue after a hearing on finding that domestic violence occurred and may occur again, for up to three years and renewable.
Also called DVO
The order a court may issue after a hearing on finding that domestic violence occurred and may occur again, for up to three years and renewable.
What it is not
It restrains the respondent; the court cannot order the petitioner to take any affirmative action.
Driving under the influence
Driving or being in physical control of a motor vehicle with an alcohol concentration of 0.08 or more, under the influence of alcohol or another substance that impairs driving, or with a listed controlled substance in the blood.
Also called DUI, drunk driving
Driving or being in physical control of a motor vehicle with an alcohol concentration of 0.08 or more, under the influence of alcohol or another substance that impairs driving, or with a listed controlled substance in the blood.
What it is not
It is not only driving: being in physical control of the vehicle is enough, and for a person under twenty one the limit is 0.02.
Drug paraphernalia
Equipment used or intended for growing, making, storing, concealing, injecting, ingesting or inhaling a controlled substance unlawfully.
Also called paraphernalia
Equipment used or intended for growing, making, storing, concealing, injecting, ingesting or inhaling a controlled substance unlawfully.
What it is not
Items exchanged at a health department syringe program are not paraphernalia while there, and a needle declared before a search is not charged.
E
Eavesdrop
To overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one party to it, by any device.
Also called one party consent
To overhear, record, amplify or transmit any part of a wire or oral communication of others without the consent of at least one party to it, by any device.
What it is not
It does not cover a conversation where one party consents to the recording.
Emergency protective order
An order a court issues on the day a petition is filed when it shows an immediate and present danger of domestic violence, lasting until the hearing.
Also called EPO
An order a court issues on the day a petition is filed when it shows an immediate and present danger of domestic violence, lasting until the hearing.
What it is not
It is not the domestic violence order, which can follow the hearing.
Essential services
Heat, running water, hot water, electricity, gas and similar services a landlord willfully failing to supply gives the tenant three remedies after written notice.
Also called utilities
Heat, running water, hot water, electricity, gas and similar services a landlord willfully failing to supply gives the tenant three remedies after written notice.
What it is not
A landlord may not use cutting them off as a way to take possession.
Expungement
The removal or deletion of records by the court and other agencies so the matter does not appear on official state background checks.
Also called clearing a record
The removal or deletion of records by the court and other agencies so the matter does not appear on official state background checks.
What it is not
It is not a pardon; an acquittal or dismissal with prejudice is expunged on its own, while a conviction takes a petition.
F
Forcible detainer
The court case for an eviction: a tenant's refusal to give up possession after the term ends, or after a tenancy at will or by sufferance is ended.
Also called eviction case
The court case for an eviction: a tenant's refusal to give up possession after the term ends, or after a tenancy at will or by sufferance is ended.
What it is not
It does not mean force was used; the name covers any refusal to leave after the right to stay ended.
G
Good faith
Seeking medical help for an overdose genuinely, which protects the caller and the person overdosing from possession and paraphernalia charges from evidence found because of it.
Also called overdose call
Seeking medical help for an overdose genuinely, which protects the caller and the person overdosing from possession and paraphernalia charges from evidence found because of it.
What it is not
Seeking help during an arrest warrant, a search warrant or a lawful search is not good faith under the section.
H
Handwritten will
A will written wholly in the maker's own hand and signed, which needs no witnesses.
Also called holographic will
A will written wholly in the maker's own hand and signed, which needs no witnesses.
What it is not
A will typed or partly in another's hand is not one; it needs two witnesses.
Harassing communications
Communicating by phone, mail or electronic means with intent to harass and no legitimate purpose, a Class B misdemeanor.
Also called harassing texts
Communicating by phone, mail or electronic means with intent to harass and no legitimate purpose, a Class B misdemeanor.
What it is not
It is not the same as harassment, which covers physical contact, public abuse and following.
Hardship license
Limited driving privileges a sentencing court may grant for work, school, medical care or treatment during a suspension for a DUI under a substance other than alcohol.
Also called hardship privileges, work license
Limited driving privileges a sentencing court may grant for work, school, medical care or treatment during a suspension for a DUI under a substance other than alcohol.
What it is not
It is not available to a person who refused a test offered by an officer.
Health care surrogate
The person a living will names to make health care decisions as the directive says, while the attending physician finds the person lacks decisional capacity.
Also called surrogate
The person a living will names to make health care decisions as the directive says, while the attending physician finds the person lacks decisional capacity.
What it is not
A surrogate does not decide while the person can decide for themselves.
Home solicitation sale
A sale where the seller personally solicits it at the buyer's home and the buyer agrees there.
Also called door to door sale
A sale where the seller personally solicits it at the buyer's home and the buyer agrees there.
What it is not
It does not include a sale after earlier negotiations, by a call the buyer made, or at a store.
I
Ignition interlock license
The license a person may apply for at any time after a DUI suspension, including after a refusal, to drive a vehicle fitted with an ignition interlock.
Also called interlock license
The license a person may apply for at any time after a DUI suspension, including after a refusal, to drive a vehicle fitted with an ignition interlock.
What it is not
It is not a hardship license; after an alcohol based DUI suspension, it is the only license available.
Implied consent
A person who drives or is in physical control of a vehicle has consented to tests of blood, breath or urine when an officer has reasonable grounds to believe a DUI violation occurred.
Also called consent to testing
A person who drives or is in physical control of a vehicle has consented to tests of blood, breath or urine when an officer has reasonable grounds to believe a DUI violation occurred.
What it is not
It does not mean a test cannot be refused; a refusal brings a suspension at arraignment, and a breath refusal can be used as evidence.
Intermediate license
The license a driver under eighteen may apply for after reaching sixteen and holding an instruction permit at least 180 days, with a parent's statement of at least 60 hours of supervised driving.
Also called graduated license
The license a driver under eighteen may apply for after reaching sixteen and holding an instruction permit at least 180 days, with a parent's statement of at least 60 hours of supervised driving.
What it is not
It is not the instruction permit, which a person may apply for at fifteen.
Interpersonal protective order
An order for a victim of dating violence, stalking or sexual assault, who need not be a family or household member.
Also called IPO
An order for a victim of dating violence, stalking or sexual assault, who need not be a family or household member.
What it is not
It is not the domestic violence order, which covers family and household members.
Intestate
Dying without a will, so the estate passes in the order the statutes set: the spouse, then children, then parents, then brothers and sisters.
Also called without a will
Dying without a will, so the estate passes in the order the statutes set: the spouse, then children, then parents, then brothers and sisters.
What it is not
It does not mean the state takes the estate; it passes to relatives in order.
Irretrievably broken
Kentucky's one ground for divorce: a finding that there is no reasonable prospect of reconciliation.
Also called no fault divorce
Kentucky's one ground for divorce: a finding that there is no reasonable prospect of reconciliation.
What it is not
It does not require proving fault, and the decree waits until the spouses have lived apart 60 days.
L
Liquidated damages
An amount equal to unpaid wages or overtime that an employer owes on top of them, unless a court finds good faith on reasonable grounds.
Also called double damages
An amount equal to unpaid wages or overtime that an employer owes on top of them, unless a court finds good faith on reasonable grounds.
What it is not
It is not a penalty the employee must prove separately; it follows from the unpaid amount.
M
Maintenance
Support a court may order for either spouse who lacks property for reasonable needs and cannot support themselves through appropriate work.
Also called alimony, spousal support
Support a court may order for either spouse who lacks property for reasonable needs and cannot support themselves through appropriate work.
What it is not
It is not set by formula; the amount and length are what the court deems just.
Marital property
Everything either spouse acquired after the marriage, whatever name the title is in, except gifts, inheritances and the other listed exceptions.
Also called community property
Everything either spouse acquired after the marriage, whatever name the title is in, except gifts, inheritances and the other listed exceptions.
What it is not
It is not divided by halves automatically; it is divided in just proportions.
Material breach
A failure by the landlord affecting health and safety that the tenant may name in a written notice ending the agreement at least 30 days out unless fixed in 14 days.
Also called material noncompliance
A failure by the landlord affecting health and safety that the tenant may name in a written notice ending the agreement at least 30 days out unless fixed in 14 days.
What it is not
It is not every complaint; it is a failure that materially affects health and safety.
Material change in circumstances
A substantial and continuing change that allows child support to be modified, presumed where the guidelines change the monthly amount by fifteen percent or more.
Also called grounds to modify support
A substantial and continuing change that allows child support to be modified, presumed where the guidelines change the monthly amount by fifteen percent or more.
What it is not
It does not change payments already due before the motion was filed.
Misconduct
Conduct connected with the work that disqualifies a fired worker from unemployment, including knowingly breaking a reasonable, uniformly enforced rule and unexcused poor attendance.
Also called fired for cause
Conduct connected with the work that disqualifies a fired worker from unemployment, including knowingly breaking a reasonable, uniformly enforced rule and unexcused poor attendance.
What it is not
It is not every firing; a worker let go for other reasons is not disqualified on this ground.
N
No duty to retreat
A person does not have to retreat before using deadly physical force where that force is otherwise justifiable.
Also called stand your ground
A person does not have to retreat before using deadly physical force where that force is otherwise justifiable.
What it is not
It does not make any force justified; deadly force is limited to death, serious injury, kidnapping, forced sexual intercourse or a violent felony.
O
Own recognizance
Release before trial on the defendant's own promise to appear, which the court orders for a defendant found low risk.
Also called ROR, release on recognizance
Release before trial on the defendant's own promise to appear, which the court orders for a defendant found low risk.
What it is not
It is not freedom from conditions; the court may set other conditions with it.
P
Participant in the legal process
Someone a person believes is taking part in a case, whom it is a Class D felony to sway by force, threats or harassing messages.
Also called witness
Someone a person believes is taking part in a case, whom it is a Class D felony to sway by force, threats or harassing messages.
What it is not
It is not only a sworn witness; the offense turns on whom the person believes is a participant.
Personal communication device
A phone or similar device a driver may not use to write, send or read a text based message while the vehicle is in motion on the traveled roadway.
Also called cell phone
A phone or similar device a driver may not use to write, send or read a text based message while the vehicle is in motion on the traveled roadway.
What it is not
The texting rule does not cover a phone's navigation feature or reading or entering a number to make a call.
Physical injury
Substantial physical pain or any impairment of physical condition.
Also called injury
Substantial physical pain or any impairment of physical condition.
What it is not
It is not serious physical injury, which creates a substantial risk of death or causes serious and prolonged disfigurement or impairment.
Power of attorney
A document giving another person authority to act for the principal, effective when signed unless it says it begins on a future date or event.
Also called POA
A document giving another person authority to act for the principal, effective when signed unless it says it begins on a future date or event.
What it is not
It does not have to wait for incapacity unless it says so.
Presumption of reasonable fear
A person is presumed to have reasonably feared death or great bodily harm when using defensive force against someone unlawfully and forcibly entering a dwelling, residence or occupied vehicle.
Also called castle doctrine
A person is presumed to have reasonably feared death or great bodily harm when using defensive force against someone unlawfully and forcibly entering a dwelling, residence or occupied vehicle.
What it is not
The presumption does not apply against someone who lawfully lives there, among the listed exceptions.
Presumptive probation
On a first or second offense of first degree possession, the probation a person who does not enter deferred prosecution is subject to, unless the court finds them ineligible.
Also called probation
On a first or second offense of first degree possession, the probation a person who does not enter deferred prosecution is subject to, unless the court finds them ineligible.
What it is not
It is not deferred prosecution, which is the preferred alternative for a first offense.
Protected tenant
A tenant protected by a domestic violence order or interpersonal protective order restraining contact, under a lease made or renewed on or after June 29, 2017.
Also called tenant with a protective order
A tenant protected by a domestic violence order or interpersonal protective order restraining contact, under a lease made or renewed on or after June 29, 2017.
What it is not
It is not every tenant who reported abuse; the status turns on the order.
Public record
A record of a public agency open to inspection by any Kentucky resident, except as the open records act provides.
Also called open record
A record of a public agency open to inspection by any Kentucky resident, except as the open records act provides.
What it is not
It is not only paper; copies may be electronic where the agency keeps the record that way.
R
Retaliation
A landlord raising rent, cutting services, or bringing or threatening eviction because the tenant complained about conditions or joined a tenants' union.
Also called retaliatory eviction
A landlord raising rent, cutting services, or bringing or threatening eviction because the tenant complained about conditions or joined a tenants' union.
What it is not
A complaint within one year before the landlord's act is presumed the reason, but not when it came after notice of a proposed increase.
S
Security deposit
Money a landlord holds against damage, kept in a separate account, with a damage list at move in and move out.
Also called deposit
Money a landlord holds against damage, kept in a separate account, with a damage list at move in and move out.
What it is not
A landlord who kept no separate account and gave no lists is not entitled to keep any of it.
Self proved will
A will signed with the maker's acknowledgment and the witnesses' affidavits before an officer who administers oaths, on the form the statute gives.
Also called notarized will
A will signed with the maker's acknowledgment and the witnesses' affidavits before an officer who administers oaths, on the form the statute gives.
What it is not
It is not what makes a will valid; it makes the witnesses' testimony unnecessary later.
Small claims division
The part of District Court that hears civil claims of not more than $2,500, exclusive of interest and costs.
Also called small claims court
The part of District Court that hears civil claims of not more than $2,500, exclusive of interest and costs.
What it is not
It does not hear libel, slander, malicious prosecution or abuse of process claims.
Status offense
For a person under eighteen, an underage alcohol violation handled in the juvenile session of District Court or the family division of Circuit Court.
Also called juvenile offense
For a person under eighteen, an underage alcohol violation handled in the juvenile session of District Court or the family division of Circuit Court.
What it is not
It is not a crime charged in adult court.
Statute of limitations
The time within which a lawsuit must be brought, which for an injury to the person is one year after it accrued.
Also called time limit to sue
The time within which a lawsuit must be brought, which for an injury to the person is one year after it accrued.
What it is not
It is not the same for every claim; the page lists other periods for damaged property and for contracts not in writing.
T
Tenancy at will
A tenancy with no fixed end, which, where the landlord tenant act is not in effect, a landlord ends with one month's written notice.
Also called tenancy by sufferance
A tenancy with no fixed end, which, where the landlord tenant act is not in effect, a landlord ends with one month's written notice.
What it is not
It does not mean the tenant can be removed without notice or a court case.
Terroristic threatening
Threatening a crime likely to cause death, serious physical injury or substantial property damage, or making false statements to cause an evacuation.
Also called making threats
Threatening a crime likely to cause death, serious physical injury or substantial property damage, or making false statements to cause an evacuation.
What it is not
It does not require any connection to terrorism; in the third degree it is a Class A misdemeanor.
U
Unconscionable
What unfair means in the consumer protection act, which makes unfair, false, misleading or deceptive acts in trade unlawful.
Also called unfair
What unfair means in the consumer protection act, which makes unfair, false, misleading or deceptive acts in trade unlawful.
What it is not
It is not every bad bargain; unfair here is read as unconscionable.
Uniform Residential Landlord and Tenant Act
The rental law in KRS 383.505 to 383.705, which applies only where a city, county or urban county government has adopted it, whole and without amendment.
Also called URLTA, landlord tenant act
The rental law in KRS 383.505 to 383.705, which applies only where a city, county or urban county government has adopted it, whole and without amendment.
What it is not
It is not statewide law; where it is not adopted, its rules on deposits, repairs and notices do not apply.
Unlawful transaction with a minor
Knowingly selling, giving, buying or procuring alcohol for a minor other than as a licensed retailer, or inducing a minor into other crime or truancy, a Class A misdemeanor in the third degree.
Also called contributing, supplying alcohol
Knowingly selling, giving, buying or procuring alcohol for a minor other than as a licensed retailer, or inducing a minor into other crime or truancy, a Class A misdemeanor in the third degree.
What it is not
The alcohol part does not apply to the minor's own parent or guardian.
V
Violation
An offense punishable by a fine only, with no jail.
Also called non criminal offense
An offense punishable by a fine only, with no jail.
What it is not
It is not a misdemeanor; a misdemeanor carries confinement outside the penitentiary.
W
Waiting week
The first eligible week of an initial unemployment claim, unpaid at first and paid later once the claim's remaining balance is no more than that week's amount.
Also called unpaid first week
The first eligible week of an initial unemployment claim, unpaid at first and paid later once the claim's remaining balance is no more than that week's amount.
What it is not
It is not lost for good; it becomes compensable near the end of the claim.
Wantonly
The mental state in wanton endangerment: wantonly creating a substantial danger of physical injury, or in the first degree, of death or serious physical injury.
Also called wanton
The mental state in wanton endangerment: wantonly creating a substantial danger of physical injury, or in the first degree, of death or serious physical injury.
What it is not
It is not the same as intentional conduct; first degree wanton endangerment also needs circumstances showing extreme indifference to human life.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Kentucky attorney answers and a glossary cannot. Current as of October 2026.