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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Civil Rights, Domestic Violence and Criminal Law for Kentucky on
Q: How to sue for arrest without Miranda rights and physical mistreatment by police?

I was arrested four weeks ago in a domestic incident where my boyfriend hit me with a wooden chair. Despite him admitting to the incident, the police did not take my side of the story and arrested me without reading my Miranda rights. They also failed to inform me of the reason for my arrest. I am... View More

Timothy Denison
Timothy Denison
answered on Feb 17, 2025

You will first need a successful resolution of the criminal charges against you before you file a civil rights complaint against the police. Once you obtain a dismissal of the charges against you, you can then file an action against the police in state or federal court.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: I was arrested on a complaint warrant for 4th degree assault. If I have witnesses to the victim trying to break my door

The victim to assault was trying to enter my home I have witnesses can I fight this

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You should definitely tell your attorney about these witnesses and provide their contact information so that an investigator can go obtain written statements from these witnesses. You should maintain friendly relationships with these witnesses and periodically check in with them to ensure you know... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Am I facing jail time? Or will they let me do rehab? Respondent has asked for jail time or rehab.

In KENTUCKY- facing assault fourth degree, public intoxication 1st & 2nd offense, breaking terms of release on an ROR,& criminal mischief. Separate dates of charge but they’re making me go to court at the same time for both. The respondent is my baby daddy ‘& he has asked for... View More

T. Augustus Claus
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answered on Feb 7, 2024

In Kentucky, facing charges such as fourth-degree assault, public intoxication, breaking terms of release on an ROR, and criminal mischief presents a serious legal situation that could potentially lead to jail time, depending on the specifics of your case, your criminal history, and the discretion... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: Can someone name people's names on an assault 4 case and to add restraining order for people who wasn't even there

This girl is trying to add Hispanic which is my sister's boyfriend who she wants as her boyfriend adding him on a restraining order and he said he didn't want no part of but she said her attorney is handling it so he didn't have to be there she's just writing his name without... View More

James L. Arrasmith
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answered on Jan 30, 2024

In cases involving restraining orders, the individual seeking the order can request that certain people be included in the order. However, typically, there needs to be a reasonable basis for including each person. This usually involves demonstrating to the court that the person named poses a threat... View More

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1 Answer | Asked in Domestic Violence, Family Law and Contracts for Kentucky on
Q: Can I retrieve my marital vehicle under EPO in KY?

My husband was arrested under an Emergency Protective Order (EPO) and we have a court date on February 24, 2025, where a Domestic Violence Order (DVO) might be issued. I need to retrieve our marital property vehicle, which is currently at his family's place, as I require it for work. My name... View More

Timothy Denison
Timothy Denison
answered on Feb 21, 2025

Yes. Pronably should take a law enforcement officer with you.

1 Answer | Asked in Domestic Violence and Gov & Administrative Law for Kentucky on
Q: How to cancel an EPO in Kentucky as a petitioner?

I am the petitioner in an Emergency Protective Order (EPO) in Kentucky. Our circumstances have changed, and both parties agreed to work on the relationship. We have an EPO hearing this week, and there are no related criminal charges. I have not yet consulted with anyone about the cancellation... View More

Timothy Denison
Timothy Denison
answered on Feb 16, 2025

You will need to go to court and ask the judge to dismiss the petition.

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Kentucky on
Q: Can a judge ignore completion of case plan and low risk assessment findings and terminate parental rights regardless?

I am involved in a case with the Kentucky cabinet. There was a finding of risk of neglect due to a DVO case between myself and the child's mother, my girlfriend. We have since resolved our issues, and have had no issues at all since the start of this case. I have complied with the case plan... View More

Timothy Denison
Timothy Denison
answered on Jan 22, 2025

Yes. They can do that although they are really not supposed to. You should hire a lawyer and file suit for custody of the child.

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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, 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 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.

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 Domestic Violence, Civil Rights and Constitutional Law for Kentucky on
Q: Who can i sue for not telling me my rights as a crime victim in ky

I had a dvo against my husband that he broke 4 times and the last time he broke it he strangled me. The commonwealth took over the case and charged him with strangulation in the first degree and breaking dvo multiply times. He was able to get out of jail and go straight to courthouse with his... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm really sorry to hear about everything you've been through. It’s important to reach out to a lawyer who can review the details of your case and advise you on possible legal actions. They can help determine if there were any violations of your rights and who might be responsible.... View More

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What if petitioner continues to violate protective order in attempt to get respondent to violate?

My ex placed a protective order against me issued 09/04/24. No contact has been made since 08/23/24 until today when petitioner reached out on two different occasions.

Timothy Denison
Timothy Denison
answered on Oct 11, 2024

He can’t violate the protective order unless he has once against him, only you can. Do not have any contact until or unless the Court amends that order.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: When charged with assault 4th degree (domestic violence) is there an automatic seperation order?
Timothy Denison
Timothy Denison
answered on Sep 20, 2024

Not automatic but almost always a no contact order.

1 Answer | Asked in Domestic Violence and Family Law for Kentucky on
Q: In ky I got charged with domestic violence with an ex after I put her outside with just a shirt on

Why did they charge me with domestic violence with a minor when we’re two grown adults, wasn’t any kids involved! This looks so bad on my record, like, I would never hurt a kid !!

Timothy Denison
Timothy Denison
answered on Aug 30, 2024

There is not enough information provided to properly answer your question.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Kentucky on
Q: What does it mean for an unincarnated individual to have 0 bond and status pending on charges with pending commitment
James L. Arrasmith
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answered on Jul 28, 2024

When someone is unincarcerated with a bond of 0 and has charges with pending commitment, it means they are not currently in jail. The term "bond of 0" suggests they were released without needing to pay bail. This is often referred to as being released on their own recognizance.... View More

1 Answer | Asked in Civil Litigation and Domestic Violence for Kentucky on
Q: Am I able to drop a DVO in Ky? How do I go about this?

Defendant wasn’t able to make it to court due to working out of town, so it was changed from an EPO to a DVO. I would like to try and work through issues with counseling and would like to drop the charges

Timothy Denison
Timothy Denison
answered on Jun 11, 2024

You’ll need to file a motion to set aside and dismiss in the court that issued the DVO.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Can you get charged with a EPO violation If the judge dismissed the EPO before violation hearing

My ex got a epo against me on may 17th I was arrested for epo violation that I never committed and may 22nd the epo was dismissed/no findings I have court June 3rd for the epo violation. Can I even be charged still if it was dismissed

Timothy Denison
Timothy Denison
answered on May 31, 2024

Yes. You can bc the epo was in effect when she alleged you violated it.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I am not involved but have evidence on dv charge. The victim will not testify. Should I contact the prosecutor?
Timothy Denison
Timothy Denison
answered on May 15, 2024

If you are not involved, there is no reason for you to contact the prosecutor. No.

1 Answer | Asked in Child Support, Divorce and Domestic Violence for Kentucky on
Q: Which age the child can be removed to child support
Timothy Denison
Timothy Denison
answered on Apr 30, 2024

What is your question?

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