Lawyers, Answer Questions  & Get Points Log In
Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can the abuser also file a domestic against the victim?

While in court I understand the two parties will use evidence against each other, what should the victim look out for? How could the abuser turn the story?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Dec 5, 2022

The abuser can attempt to file charges but typically the charges are not accepted by the County Attorney if they are the second one to file.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: If I file domestic charges, what will I have to prove in court?

My fiance' is on a 12 mth probation for domestic abuse. We recently had another fight and I was suicidal and sent to hospital for threat to myself or others. While in hospital he filed an EPO against me. If I file domestic charges what will I have to prove?

Timothy Denison
Timothy Denison
answered on Dec 5, 2022

1). That domestic violence has occurred and is likely to occur again;

2). That you are in fear of the abuser;

3). That you have taken all possible steps to avoid him/her.

1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Kentucky on
Q: If DVO domestic violence order has expired or was dismissed is your firearms rights restored in the state of Kentucky?
Timothy Denison
Timothy Denison
answered on Nov 29, 2022

Yes, presuming there are no other prohibitions on your right to possess a weapon.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: If I have a dvo ok someone and they left a letter in my mail and I got it then they added me on snap and I accepted

It to first see if it was real second see what they had to say and they apologized and showed they got in therapy I said idk if I can talk to you legally they screenshot google saying I can I research and idk he comes up shows he is not well and os dangerous but then threatens to turn me in make me... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Nov 29, 2022

I don’t understand the facts. It’s a confusing scenario. If you violate a DVO and there is clear proof they could turn it into the prosecutors and they could seek charges but not always and even if they do that wouldn’t mean you automatically lose a child

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Kentucky on
Q: I seen my kids mother in traffic I went the opposite way she did , but her friend told me she filed a complaint on me.

There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Dropped the epo on my ex. She inreturn gets one on me the next day. Stole my car and I can’t report it because of epo?
Timothy Denison
Timothy Denison
answered on Nov 17, 2022

You can and should report it immediately. Reporting a crime is not a violation of your epo.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: I don't have a phone number. Can I email a lawyer or judge asking for emancipation for myself from my parents?
Timothy Denison
Timothy Denison
answered on Nov 12, 2022

No. You will have to file a petition for emancipation in the district court of the county in which you reside.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Kf I filed the epo and my x volited it n comes to my house lays down will I get in trouble...

Can I go to jail of I got epo dvo on my x he is homeless n stays in my house wants to shower eat n lay down can I go to jail for helping him ?

Timothy Denison
Timothy Denison
answered on Nov 6, 2022

No, but ex can go to jail for violating the epo as you described.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I filed epo on my x well he got served with epo. Now I don't want the epo do I have to go to court ? I want to dismiss

I went filed epo on my x and went to court on Monday judge said come back in 2 weeks bcos he hasn't been served well he got served. Cops come to my house and he was in bed and got arrested but we haven't been to court yet. Now what I want to know is we worked out things. I don rant to go... Read more »

Timothy Denison
Timothy Denison
answered on Nov 6, 2022

Yes. You will have to go to court and ask the judge to dismiss the epo now.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I have filed for an EPO and the cops filed charges for strangulation which never happened how do we get those charges dr
Timothy Denison
Timothy Denison
answered on Oct 25, 2022

You have to ask the Court to dismiss it at this point.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: can I drop an EPO if the police filed a strangulation charge which was not filed by me
Timothy Denison
Timothy Denison
answered on Oct 25, 2022

No. It’s up to the Zcourt at this point.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Mentel health issues and strangulation charges
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

What is your question?

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: What course of action can I take when my kids step-father threatens me?

he has past documents from his first marriage that he was emotionally and physically abusvie. I am worried my kids are being or will be abused in the future. He also told the children who are 11 and 8 after a vacation they got henia tattoos and he told them if they ever get real tattoos he will cut... Read more »

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

Take a criminal

Complaint against him for terroristic threatening, harassment, Harassing communications and menacing. You may also want to consider an EPO or an IPO against him as well.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Kentucky on
Q: If the Commonwealth of Kentucky is charging someone with 1st degree assault/domestic violence do they put a epo on both

People until court is over or do you have to get the epo yourself

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

No. It is not on both people. You have to get your own.

2 Answers | Asked in Domestic Violence and Family Law for Kentucky on
Q: My daughter just turned 18 and just needs to know if she has been abused her whole life can she press charges

My daughters fathers girlfriend is the one who abused her and the father knew about it we are

Sure of my daughter wants

Justice

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 12, 2022

The short answer is yes. There is no statute of limitations for felony offenses in Kentucky. She should contact law-enforcement and they can help her with this process.

View More Answers

1 Answer | Asked in Domestic Violence for Kentucky on
Q: 8 years ago I plead guilty to a misdemeanor 4th degree domestic assault. She didn't show up for DVO. 5 yrs wait?
Timothy Denison
Timothy Denison
answered on Aug 31, 2022

If you haven’t been convicted of any crimes since then, you should be eligible to have the assault expunged now.

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.

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.