Get free answers to your Domestic Violence legal questions from lawyers in your area.
In the process of divorcing my husband in Kentucky, I currently have an Emergency Protective Order against him due to his assault on our minor children. The house we live in is solely in his name. Will the court likely grant me the house in the divorce, considering these circumstances?... View More

answered on Mar 16, 2025
Not necessarily. All the assets and debts will have to be identified and valued. If you reach an agreement with your spouse that you get the house, then you likely will. If you are expecting the Court to award you the house just because you have a DVO and are currently living in it, that very... View More
I'm facing an issue with my current partner who has threatened to report unfounded allegations of sexual abuse to ruin my life after I expressed doubts about our relationship. She claims to have videos taken without my knowledge during role play. We've discussed this, but she becomes... View More

answered on Mar 8, 2025
Document everything g with your therapist and keep an eye out and an ear open for anything else that would disprove the false allegations. I would refrain from discussing any of that with your partner and I would conversely act unfazed, unconcerned and like it doesn’t bother you if she brings it... View More
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

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

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
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

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
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

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
I have a 500-foot restraining order against my husband, but I can't go to where I'm staying due to it. I was initially afraid, but there has been no recent contact between us, only through the kids. The order was modified for counseling, but my lawyer hasn't been responsive. There is... View More

answered on Mar 28, 2025
You can ask the court to modify the dvo. It should not negatively affect you if it doesn’t work out.
I have an Emergency Protective Order (EPO) against someone, and I included my workplace address in the EPO. The individual later began working at the same place. I presented a copy of the EPO to my management and requested a schedule change or more distance from this person, but they refused my... View More
I was bonded out on a domestic violence charge in Kentucky. My boyfriend wasn’t the one who called the cops, and he hasn't filed a restraining order, although no contact was part of my release paperwork. I have no prior related charges, and I am due to appear in court in April. The bond... View More

answered on Mar 21, 2025
Highly unlikely that you will return to jail as long as you do not violate any of the terms or conditions of your release.
I got into a drunken argument with my boyfriend, during which I hit him, and the neighbors called the police. I spent the night in jail and was bonded out, but a no-contact order was issued. My boyfriend did not press charges and does not want this order. I have a court date in a month. How can I... View More

answered on Mar 16, 2025
Youll need to redocket the case, have your boyfriend come to court and ask the judge to make the no contact order a no unlawful no contact order.
In Kentucky, the father of my children was issued a Domestic Violence Order (DVO) after admitting to verbal and mental abuse, coercion, confinement, and posing a danger. Despite being offered legal counsel, he refused it in court and admitted to the accusations while witnesses testified against... View More

answered on Mar 9, 2025
Depends on whether he’s asking for reconsideration or appeal. Reconsideration will be the same judge. Appeal will be a new three judge panel before the Zcourt of Appeals.
I am dealing with a false DVO filed by my husband and granted by a judge who refused to consider my evidence. There are numerous police reports and a CPS report indicating a history of abuse and stating that my child should not be with him due to a likelihood of abuse. The CPS report advises taking... View More

answered on Feb 28, 2025
You have 30 days from entry of the dvo to file a notice of appeal of the dvo .
I obtained a DVO against my ex-boyfriend about 6 months ago, set to last for 3 years. We've decided to work things out, and I've noticed a positive change in him since then. The DVO hasn't been violated during this time. However, he is currently facing a separate ongoing case for... View More

answered on Feb 27, 2025
Yes. You can, although whether it is dropped is solely up to the judge.
I live with my boyfriend in Owensboro, KY, and we've been together for 6 years. We are on a month-to-month lease, which is under my name, and there are no financial or property agreements between us. He refuses to leave and has been abusive. Although I can afford to stay, he cannot. The police... View More

answered on Feb 24, 2025
Give him notice to vacate in thirty (30) days in writing. If he does not leave, go yo district court and file a forcible detainer (eviction) against him.
I want to know if there's a chance that a man with previous felony charges, now facing 2nd degree assault/domestic violence for breaking a broom handle over a victim's throat (with another witness present), will be released on probation at the court hearing on Monday morning. He has not... View More

answered on Feb 23, 2025
Yes. He can be released on such charges under the facts as you present them. That is not to say he will be released, only that he could be.
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

answered on Feb 21, 2025
Yes. Pronably should take a law enforcement officer with you.
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

answered on Feb 16, 2025
You will need to go to court and ask the judge to dismiss the petition.
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

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.
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

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.
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
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.