Lawyers, Answer Questions  & Get Points Log In
Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Kentucky on
Q: My boyfriend was charged with 4th degree assault (domestic violence minor injury) I never once said I wanted To press

Charges. And never wanted him to go to jail If I speak with a judge and explain the situation. he’s never been in trouble his entire life until now Will the judge still send him back to jail at his hearing

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

He needs to hire a good lawyer to appear with him. Prosecution is up to the Commonwealth but He may be able to work something out and resolve it at court!!

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Kentucky on
Q: Can I file harrassment charges after 2 epos we're filed on me , both dissmissed for lack of evidence ?

The petitioner and I were never in a relationship. In court

he accused me of being the reason he nearly lost custody of his son, and for him being kicked out of his residence claiming I got his girlfriend to kick him out . It wasn't until after the first case that I found out his ex... Read more »

Timothy Denison
Timothy Denison
answered on Jul 30, 2022

You can file a complaint for harassment at your local county attorneys office in the county in which you reside.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: I took an epo out, hes in jail and they charged him with strangulation 1st, CA taking to trial,Can he b released on HIP?

He has a clean record, but strangulation was after he threw a glass and was bloody,, CA says found probable cause, and going to jury, can he bond out onto hip, and do i have to appear for jury? Sense I'm not pressing charges?

Timothy Denison
Timothy Denison
answered on Jul 23, 2022

Most domestic violence offenders are not released to HIP. Bond will be up to the judge. The Commonwealth is prosecuting the case so most decisions will be made by the Commonwealth Attorney.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: My husband was arrested for 4th degree assault domestic violence, I filed an epo, I wish to drop it, the attorney

The attorney office said to go to the court date of his hearing and tell the judge, my question is if the judge will drop the epo will my husband still be charged with assault and arrested?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes. The epo is a civil proceeding whereas the assault snd battery charges are criminal. Dismissal of the epo will not have any bearing on the resolution of the criminal charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: If a petitioner violates a DVO, what are the consequences?
Timothy Denison
Timothy Denison
answered on Jul 14, 2022

None for the Petitioner. The dvo is only against Respondent.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: How do I talk to the judge about dropping a dvo

I had a fight with my husband over a year ago and it got heated and I threatened with child protective services to file an emergency protective order against my husband. I tried to ask for it to be dropped last year and the judge said no and since then I was threatened again with cps and they said... Read more »

Timothy Denison
Timothy Denison
answered on Jul 5, 2022

You will have to go back to court and ask the judge to modify the order of protection.

2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

View More Answers

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Can she get another epo after she lied and dropped the other one.

I my son ex girlfriend filed a epo and then dropped it and it state he don't deserve to have it on his record and it was dropped, six months later they get back together ,I let him use a mattress and a bedframe on the understanding that it belongs to me can she have another epo against him.... Read more »

Timothy Denison
Timothy Denison
answered on May 10, 2022

Most likely not on the same facts but she can on new facts if they become available.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens to a epo if the filer went to the person house and sat in there road and wasn't 500ft away from them
Timothy Denison
Timothy Denison
answered on Apr 19, 2022

Nothing. The epo is not against the filer.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: If you have a dvo violation on your record that has expired in 2018, can it be expunged and do u need an attorney to do
Timothy Denison
Timothy Denison
answered on Apr 13, 2022

Usually it cannot be expunged but to have any hope at all, you would indeed need a lawyer.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: how do i go about protecting my kids and myself

hes never been in my sons life ,hes not on my sons birth certificate stalking me from prison , telling me when he gets out he coming to us , haven't spoken to him since before arrested , went to prison for assault 2nd / 10 yr sentence , scared of what he might do or take my son , and i... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Take an epo against him and ask the court to grant a three year dvo.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I am aware of the motion to reconsider but please explain what is meant by be heard on the merits
Timothy Denison
Timothy Denison
answered on Mar 21, 2022

Heard on the merits means decided on the actual facts of the case rather than on a default bc you did not appear.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me would that be her violating the no contact order?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Mar 3, 2022

The only person that is under a court restriction in an EPO case is the respondent. You can use these attempts to contact you at a hearing but you should not contact her back under any circumstances. If you hire an attorney they can contact her.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me and she filed a no contact order against me I am the respondent what do I do?

No contact order

Timothy Denison
Timothy Denison
answered on Mar 3, 2022

Absolutely have no contact for any reason.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: No contact epo Petitioner is contacting the respondent.? What do I do..?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Mar 3, 2022

If you are the petitioner and you are being contacted by the respondent and you can prove the contact you need to go to the county attorneys office or call the police. If there is an active EPO and a person is contacting you that is a new misdemeanor charge of violating an EPO.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My ex violated a protection order I have. Do I appear in court too?

I have a 3 year protection order on my ex. He violated it and was arrested. He has a court date coming up this week for violating it. Do I have to appear in court too?

Timothy Denison
Timothy Denison
answered on Mar 1, 2022

Yes. You do.

1 Answer | Asked in DUI / DWI and Domestic Violence for Kentucky on
Q: How can arresting officers be held accountable in the state of KY?

My daughter called for help as the victim in a domestic violence situation and the responding officers ignored her statements and arrested her for DUI for sitting in a parked vehicle with engine running that "smelled strongly" of marijuana on their arrival

Timothy Denison
Timothy Denison
answered on Feb 28, 2022

You need to first get her exonerated of the dui and thereafter file a civil rights lawsuit against the officers and their department.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Small Claims for Kentucky on
Q: Accused of violating a dvo, I went to court the violation was dismissed by judge before next court date I was arrested

I was arrested for dismissed violation in a different county than the issued dvo was filed and my rights weren't read to me. Truck was towed and if i didn't violate can i get compensation for my jail time and impound fee

Timothy Denison
Timothy Denison
answered on Feb 16, 2022

What is your question?

2 Answers | Asked in Domestic Violence for Kentucky on
Q: I had a dvo. Its on record but also expired 3 years ago. I was never charged. Is this unconditional dismissal?

I wasn't charged with anything. I haven't had a y other legal issues ever. It was in family court. Prosecutor never pressed charges. But they still put a dvo on record. Can I join the military? Also the one who put it on me said he'd be a reference for me for the army. We're... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 15, 2022

If it was an EPO that never went to a DVO it would be eligible for expungement if it was dismissed. If it became a DVO after a hearing it would not be eligible for expungement unless you go back and petition the court to set aside that finding.

View More Answers

2 Answers | Asked in Domestic Violence for Kentucky on
Q: My boyfriend was charged with 4th degree assault (domestic violence minor injury) I never once said I wanted

To press charges. I actually told them I didn’t want him to go to jail. Is there anything I can do? He was let out on bond the same night, and he’s never been in trouble his entire life until now. What can I do or what can happen?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 11, 2022

You need to hire a lawyer and the boyfriend can work with your lawyer. You will not be able to talk to him or speak with him or contact him because there is likely a no contact order. Domestic violence cases often have victims that don’t want to go forward but The prosecutors will still go... Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.