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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Upon expiration of a Kentucky DVO can it be expunged from your record?
Timothy Denison
Timothy Denison answered on Feb 15, 2020

Not unless it is dismissed.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Upon expiration of a DVO are your rights to own a firearm restored?
Timothy Denison
Timothy Denison answered on Feb 14, 2020

Yes.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can I be hired by the same company, that employs my wife at another location, with an active DVO against me?
Timothy Denison
Timothy Denison answered on Jan 26, 2020

Probably, but it depends on the exact language of the DVO regarding contact.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: If I had a Kentucky DVO issued against me how is that listed on my record? How long is it on my record?
Timothy Denison
Timothy Denison answered on Jan 17, 2020

It is listed as a civil order. Indefinitely.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: If I'm at work and someone is visiting a business beside my place of employment watching me is it stalking/harassment.

My stepchild mom/stepdad keep driving by my house, then today the step-dad was watching me Thur the window as I was working. We don't have proof on them driving by the house but may have him on camera at my job. Last week I called the police on them the step-dad was walking to my porch towards my... Read more »

Timothy Denison
Timothy Denison answered on Dec 18, 2019

It’s going to take a pattern of conduct to prove stalking or harassment and it needs to be documented. One or two altercations is not going to cut it.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can the victim of a domestic assault have the charges dropped even if they didnt press the charges?

My husband was arrested on domestic abuse charges and a no contact has been issued. Even though I didn't press the charges against him, could I have the charges dropped before his court date?

Timothy Denison
Timothy Denison answered on Nov 27, 2019

No. That decision is up to the Commonwealth.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: If a domestic violence case was dismissed, can I purchase a firearm?

In 2016 I was convicted of domestic violence with minor injury in Kentucky and placed on diversion for 2 years with a 1 year sentence on the shelf and promise of expungement upon completion. In October 2018, I completed the diversion and the case was dismissed. Some employers say that it shows on... Read more »

Timothy Denison
Timothy Denison answered on Oct 16, 2019

You should be able to purchase the gun if the case was dismissed. However, the expungement process is not automatic. The obligation is on you to take the necessary steps to expunge the record. Hence, if you haven’t, I’m sure that’s why they’re still seeing it on your record.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: How can I prove she doesn't live with me

A girl I was seeing was mad when she found out I was still seeing other women I went to work one day, she had stayed the night pretending all was forgiven and when I was gone took an epo out on me claiming I beat her. She also showed the judge a text where I said she could stay with me. For the... Read more »

Timothy Denison
Timothy Denison answered on Sep 30, 2019

Get affidavits from neighbors and friends and family attesting to the fact she demonstrate live at your address. Subpoena her driving records and voter registration for addresses.

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Kentucky on
Q: If someone hits a 16 year old and they are 30 years old. What could happen if the 16 year old presses charges.

My daughter was hit by our next door neighbor cause she when over they to grab our dogs. They neighbor was going off and my daughter told her to calm down. That the stress will hurt the unborn child. But she didn't listen. So my daughter raised her voice to get the lady to listen. But the lady... Read more »

Timothy Denison
Timothy Denison answered on Aug 12, 2019

Its an assault 4, a class A misdemeanor.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: Can I get a protective order for my two boys? And something for me? Should I try to get custody of the kids?

15yr old(lives with me) and 14yr old(live with mom)

Visitation order, Ex has both boys every other weekend and I have them every other weekend from that.

Fri my son was kicked out of his mom's house permanently by her bf. Story is my 15yr old son didn't say hi to him and he thought... Read more »

Timothy Denison
Timothy Denison answered on Jul 12, 2019

Take a criminal complaint for the bf threatening you and make a motion to modify the parenting schedule in the divorce case.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Wrongful Death for Kentucky on
Q: My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned?

My friend is serving time in a KY correctional facility. What will happen to her if her trial is overturned? Will she immediately be sent to county jail until her new trial takes place?

Timothy Denison
Timothy Denison answered on Jul 3, 2019

If the trial is overturned, She will be held on a bond to be set by the judge when the case is returned to him by the appeals court. At that time, release relief may be sought from the trial court.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Kentucky on
Q: What would my best course of action be? I signed a temporary guardianship of my daughter, a year ago, to my Mother.

Ive been consistently involved in her life the duration of this guardianship. I however, married and was convicted of a domestic battery misdemeanor, because my Husband and I are choosing to do counseling, etc. to recover our marriage.. (My mother doesn't approve) She has now blocked all... Read more »

Timothy Denison
Timothy Denison answered on Jun 22, 2019

File a custody petition in your county against your mother for return of the child.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Can an agency show pictures of a case not related to the being filed about the respondent?
Timothy Denison
Timothy Denison answered on Jun 22, 2019

Qualified yes, unless the pictures are evidence of a crime or some privilege attaches to them.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In the state of Kentucky, it is illegal to possess firearms with an EPO out against you?
Timothy Denison
Timothy Denison answered on May 24, 2019

If you have been served with that epo, yes.

1 Answer | Asked in Family Law, Child Support and Domestic Violence for Kentucky on
Q: Can petitioner get into trouble for breaking TPO?

I petitioned to get an EPO against my child's father on Saturday, the sheriff's office told me to come back on Monday to pick up the paperwork with my court date, We have not been to court yet. I thought he was going to be at work so I went back to the shared house to get the rest of my... Read more »

Timothy Denison
Timothy Denison answered on May 20, 2019

Yes. You can. Hopefully you will not, but it is a violation of the EPO.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Is it legal for a judge to place a DVO against someone who is not a close relative?

My soon-to-be ex-husband filed an EPO against me, and a DVO against my boyfriend. He dropped everything on me, but the judge kept the DVO on my boyfriend. My boyfriend can't come within 500 feet of my two youngest children because of it, causing him to have to move out of our home. Now, this... Read more »

Timothy Denison
Timothy Denison answered on Apr 13, 2019

Yes. It is legal. The standard is only a preponderance of the evidence.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Case law for 4th degree assault where the defendant Won
Timothy Denison
Timothy Denison answered on Feb 12, 2019

What is your question?

1 Answer | Asked in Criminal Law, Domestic Violence and Landlord - Tenant for Kentucky on
Q: Do I have to return to kentucky to file criminal charges there?

I am 100% disabled veteran with a wife and 2 small kids. I was told I have to drive the 1000 miles there just to sign a piece of paper to get charges filed. Then drive 1000 miles back, hope they prosecute (the attacker is a local preacher and friends with the chief of police, sheriff, prosecutor... Read more »

Timothy Denison
Timothy Denison answered on Jan 30, 2019

If the attack happened in Kentucky, then yes, you would have to file the charges in Kentucky.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I'm a 17 year old female and I want to Sue or press charges for domestic violence

My boyfriend who is 23 landed me in the hospital and where we were at the time it was a felony, I want to know how I can put him away or get something out of this because justice hasn't been served. He beat me down mentally and physically for months until he ended up strangling me until I passed... Read more »

Timothy Denison
Timothy Denison answered on Jan 27, 2019

You need to go see the Conmonwealth Attorney for the county where this occurred, to see about prosecuting him. If you want to file a civil suit, you will need a parent or next friend to bring it on your behalf bc you are a minor. You may want to consult a civil lawyer in this aspect to help you.

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