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Kentucky Questions & Answers
1 Answer | Asked in Traffic Tickets for Kentucky on
Q: Hi, I got a citation (189.125) . my child is autistic. is there any exception for autistic kids? KY state

charge 1: failure to wear seat belts was observed operating the vehicle with a child in a child restraint seat but not buckled in.

My kid is 5 years old. He was on his front facing child seat in the backside, was still buckled in, but he slipped his shoulder belt down by the time police... View More

Timothy Denison
Timothy Denison
answered on Nov 6, 2024

There should be an exception but there is not. However, you may be able to explain what happened and get the case diverted and ultimately dismissed.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Using burner phone app + Google voice to send messages, do the receiver have legal recourse to get the sender's identity

The apps are Burner and Google voice. Burner allows you to use randomly generated numbers and Google voice is VOIP.

Both the Google voice and burner numbers have been deleted.

Timothy Denison
Timothy Denison
answered on Nov 5, 2024

The manufacturer of those apps should be able to track them by IP address used.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If a motion for failure to indict within 60 days has been signed by the judge, and the bond was $5000 f/c,

Does the court have to remove the bond associated with that charge or can they apply it to two lesser misdemeanor charges that had a bond of $250 a piece, and call it a” blanketbond” ?

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

They can apply it as a blanket bond. Whether they choose to do so or not is another story.

2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?

We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it... View More

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.

I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your...
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1 Answer | Asked in Adoption and Family Law for Kentucky on
Q: My daughter is almost 12. Her bio father has not seen her since a week before she turned 1.

My husband would like to adopt her and she wants him to adopt her. I have not denied contact with bio father. I leave open communication through Facebook and text but he does not take advantage. He got angry 4 years ago bc I would not fly her across the country to meet him. He has 2 other children... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

With the length of time that has passed, I would expect the Court would permit the adoption by your current husband and termination of the biological father’s parental rights. You need to hire a good family attorney to handle for you.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: What support should I give the judge so she allows me to drop the DVO I have against my husband for my children and I?

He has served his time in jail, been in rehab and therapy. He has also been volunteering at a church and is starting batterer’s intervention classes. He has worked hard to be better for us and I am no longer fearful. I want to work on our marriage and family. I do not believe in divorce and... View More

Timothy Denison
Timothy Denison
answered on Nov 4, 2024

What you’ve set out there looks pretty good. You might want to consider asking the judge to make the dvo no unlawful contact rather than to just dismiss it. I think the odds go up if you ask for no unlawful contact.

1 Answer | Asked in Family Law and Juvenile Law for Kentucky on
Q: How can I obtain a court order for my 16 year old to be placed in some sort of treatment facility?

16 year old sneaks out at early hours of the morning, goes to parties, drinks, smokes, and is physically aggressive with his younger siblings from time to time.

Timothy Denison
Timothy Denison
answered on Nov 3, 2024

You probably need to file a beyond control petition with the juvenile court in the county in which you reside. They will help you enforce the rules and hopefully get him back on the straight and narrow.

1 Answer | Asked in Criminal Law for Kentucky on
Q: Can one persons consent to search their home be valid if the other person who lives there does not consent?

My then fiancee gave consent down the road from our home to let police search and I was there at the home , I do not consent. They never asked me I made it clear I did not and it was not ok.

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

Yes. If she lives there, she can give consent.

1 Answer | Asked in Federal Crimes for Kentucky on
Q: Need legal advice for a federal case regarding a person who misrepresented themselve online.

Hello, I was invited to chat with someone overseas who claimed to be 24 but after collecting video of myself, attempted to extort me which i did not pay but in refusing to pay, I was turned into the feds. I need serious legal help and ANY advice would be grateful. I need experienced legal... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2024

You haven’t set out any federal crime in your statement. Exactly what are you charged with?

1 Answer | Asked in Traffic Tickets for Kentucky on
Q: If i turn 18 before my court date can I just pay the ticket instead
Timothy Denison
Timothy Denison
answered on Oct 31, 2024

Yes, but you might want to go to court instead since it is your first ticket. It might get diverted or dismissed.

1 Answer | Asked in Probate for Kentucky on
Q: Husband passed and his mother took his car. I have probate papers signed by judge and she refused to give car back

I have title in his name, and papers from court. How do I get it back?

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

Have the sheriff escort you to get the car.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on
Q: My husband using EPO to take my child from my home to place her where she's actually being neglected now help nobwil wil

He is an abusive alcoholic and manipulated messages staged photos and just straight out lied.. I guess because he went first nobody will listen to me the things he does are not illegal but they are very manipulative and they're emotionally traumatizing to my child

Timothy Denison
Timothy Denison
answered on Oct 31, 2024

What is your question?

1 Answer | Asked in Probate for Kentucky on
Q: When is it too late to file a petition in probate challenging state intestate laws per krs392.090(2)?

Mom passed in Feb legally married to the skeezy slime bucket that kicked her out abandoning her and their marriage. Kicked her out with nothing and nowhere to go she had to start over with no financial support at all from him the whole five years. Mom was 60 yrs old having to walk miles to and from... View More

Timothy Denison
Timothy Denison
answered on Nov 2, 2024

If she died married to him and without a will, he will be entitled to inherit from her estate. Doubtful a challenge to the intestacy laws will help.

2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I got a citation for reckless driving disregarding a traffic light, but this is my first offense and I’m a newer driver

Should I hire a lawyer? I assume I’ll likely have slightly leniency no matter what but would it be smart to get a lawyer just in case?

Timothy Denison
Timothy Denison
answered on Oct 29, 2024

Yes. A lawyer can protect you from the things you don’t know.

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1 Answer | Asked in Divorce and Domestic Violence for Kentucky on
Q: In the state of Kentucky what is the law on abandonment?

Im needing to know what my options are, I got with my husband in 2020 and he knew that my health was bad and he was fine with supporting me and even insisted on me not trying to work that I try and apply for disability so I'm still fighting for that currently. I depend on him for absolutely... View More

Timothy Denison
Timothy Denison
answered on Oct 26, 2024

It doesn’t sound like abandonment but it does sound like you need to separate from him. There are a number of services that can help you financially once you are away from him. It’s tough to be faced with this anytime, especially silly if you are ill, but the time to make a new start is now.

2 Answers | Asked in Car Accidents and Wrongful Death for Kentucky on
Q: If an at fault person is hit by oncoming car who could have missed him is there wrongful death?

The deceased lost control ended up in opposite lane oncoming car could have missed him but smashed him into ditch and tree and killed him

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

Maybe. It depends on the state in which the wrongful death accident occurred. Kentucky uses a "pure comparative fault" system for automobile accidents and wrongful death cases, where each party involved is assigned a percentage of fault based on their contribution to the accident. In this... View More

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can someone other than the victim just say I violated my no violent contact?
Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Anyone who witnesses you with the victim could testify that the two of you were together.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Kentucky on
Q: Hot water tank has gone out for the whole apartment building, it has been 5 days, what can I do?
James L. Arrasmith
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answered on Oct 23, 2024

I'm sorry to hear you're dealing with a hot water outage in your building. Start by reaching out to your building management or landlord to inform them of the issue if you haven't already. They might already be aware, but it's important to ensure they're addressing it... View More

1 Answer | Asked in Divorce for Kentucky on
Q: how do I properly register a legal separation agreement from colorado in boyd county ky?
Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Go to the clerks office in Boyd. They have a foreign judgment form you can use to register your legal separation.

1 Answer | Asked in Criminal Law for Kentucky on
Q: If someone violates probation by failing a drug test will they get out of jail, do rehab or serve their time?

They went to jail in June for possession charges, released in end of July on probation and recently just violated it for failure of a drug test. Is the likelihood of them getting out there? Or will court order them to rehab or will they serve the rest of their time?

Timothy Denison
Timothy Denison
answered on Oct 22, 2024

Depends on a host of factors, including prior record, Current status, judge, prosecutor, type drugs, etc.

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