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Kentucky Domestic Violence Questions & 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
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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.

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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
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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.

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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
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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 »

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: In the state of Kentucky, how do I petition the court to dismiss an Emergency Protection Order filed against me?

I have an active EPO that has been in place for over three months. Is there anything I can legally do to petition the court for dismissal? I feel that I have enough physical and written proof to have this order dismissed, I just cannot find a way to file the proper response to have a opportunity... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 2, 2022

You are entitled to a hearing in front of the court where the court decides if it will be a domestic violence order DVO or it will be dismissed. My guess is if you’ve had it passed three months already there’s likely an agreement in place that it will eventually be dismissed.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: The ex of my sister lie for Domestic Violence and won the case without evidence how she can fix this problem ?
Timothy Denison
Timothy Denison
answered on Jan 26, 2022

Your only remedy is to ask to reconsider or appeal the decision to the Zcourt of Appeals.

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... Read more »

Anna Aleksander
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Anna Aleksander
answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... Read more »

2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can ex husband be charged for saying he’s going to take out my whole family?

Messages like this has been going on for years, but the last strain of messages came with a video, it was of s my ex feeding a dog then moves the camera away and you hear a gunshot and just get a glimpse of the dog again , but he’s clearly sending the message that he’s going to kill us like he... Read more »

Timothy Denison
Timothy Denison
answered on Dec 19, 2021

Yes. Those threats are actionable. Pursue them in court and Take some gun safety classes and buy yourself a firearm.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a DVO. Is there a way to dismiss it or make a change, in regards to no contact in the state of Kentucky?

I was informed by someone that the respondent has moved on with another and is getting married.

Timothy Denison
Timothy Denison
answered on Nov 10, 2021

You can file a motion to modify it with the Court to address these issues.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: Can my husband lock me out the day after I leave because he scared me so bad I fear for my life? I have 2 small kids

I have gave him 5000 cash towards 1000 to get my name on the deed. I bought paint flooring insulation paneling back splash and a new toilet plus did half the work fixing and installing everything

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Sep 25, 2021

No. If a spouse in KY threatens their spouse with imminent harm such that the spouse if forced to leave their home for their safety, that spouse may seek a protective order and possibly regain access to the marital home that way. If granted, it would restrain the abusive spouse from coming near.... Read more »

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: If I am eligible to expunge a domestic violence misdemeanor , how long does the process take?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 20, 2021

You would be eligible if the charges are dismissed. If they have been dismissed you may hire an attorney or go to the clerks office to file the paperwork 60 days after dismissal.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: My husband and I have been apart for 11 months. I let him visit kids for 3 days at their grandmothers home in KENTUCKY

Kids & I lived since separating September 2020 in Arkansas

.

Timothy Denison
Timothy Denison
answered on Sep 14, 2021

What is your question?

2 Answers | Asked in Domestic Violence for Kentucky on
Q: His public defender quits the public defenders office. The defendant is in jail and can’t find any court dates.

Lawyer was going to see about getting case thrown out and now we have no idea what’s going on. When he called another lawyer they looked and he has no scheduled court dates for this case, but told him $1500 and he would get him a court date. We don’t have the funds for that right now so what... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 4, 2021

I am not sure what you’re asking. If a lawyer couldn’t find his name there may be a misspelling or a different first or last name that it’s under. If a public defender quits the office you can always hire a private attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: My boyfriend is in jail for violation of a epo it’s been dropped it’s says not being held on this charge what’s going on

The epo has been dropped the day after he went to jail and it says he’s not being held on this charge but yet in another section says it’s pending that’s all he was charged with was the violation and he has no court date

Timothy Denison
Timothy Denison
answered on Aug 5, 2021

The violation of an epo charge is a criminal charge. Even if the civil epo case was dropped, that does not mean the criminal violation of an epo charge has been dismissed.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will me not getting an epo affect abusers sentence?

I asked about my ex getting a 1st degree strangulation charge a few days ago. When he went to jail I told the police I didn't want to worry about the epo, I just wanted to get my things and leave. But I'm wondering if me not getting it will make the court think differently than if I had... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 22, 2021

If there are pending criminal charges that is much more serious than an EPO. The court and the prosecutor will not drop or lower the charges just because you didn’t file for an EPO.

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