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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for Kentucky on
Q: Will I get the house in divorce in Kentucky with an EPO on my husband?

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

Timothy Denison
Timothy Denison
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

1 Answer | Asked in Domestic Violence, Child Custody, Family Law and Sexual Harassment for Kentucky on
Q: Partner threatens false abuse allegations in KY

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

Timothy Denison
Timothy Denison
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

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 and Family Law for Kentucky on
Q: Can I drop or modify my restraining order and will it affect me negatively if it doesn't work out?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Domestic Violence and Employment Law for Kentucky on
Q: Can I sue my employer for not respecting an EPO at work?

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

Timothy Denison
Timothy Denison
answered on Mar 27, 2025

No. There are no damages.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Will I return to jail for a DV charge in KY if bonded out?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can I lift a no-contact order from a court in Kentucky after an altercation and avoid further jail time?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Domestic Violence and Appeals / Appellate Law for Kentucky on
Q: Will the same judge review an attempt to overturn a DVO in KY?

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Civil Rights, Child Custody and Domestic Violence for Kentucky on
Q: How can I challenge a false DVO in Kentucky and safeguard my child?

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

Timothy Denison
Timothy Denison
answered on Feb 28, 2025

You have 30 days from entry of the dvo to file a notice of appeal of the dvo .

1 Answer | Asked in Domestic Violence and Civil Litigation for Kentucky on
Q: Can I drop a DVO against my ex, who didn't violate it, amid his ongoing strangulation case?

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

Timothy Denison
Timothy Denison
answered on Feb 27, 2025

Yes. You can, although whether it is dropped is solely up to the judge.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Kentucky on
Q: How can I make my abusive boyfriend leave my property? [Owensboro, KY]

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

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Can a man with assault charges be released on probation?

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

Timothy Denison
Timothy Denison
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.

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

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