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Kentucky Domestic Violence Questions & Answers
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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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In Ky can the law enter a home without a search warrant or consent?
T. Augustus Claus
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answered on Nov 1, 2023

The police can enter a home without a search warrant or consent in a few limited circumstances. One of these circumstances is when the police have probable cause to believe that a domestic violence incident is in progress.

Probable cause means that the police have a reasonable basis to...
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2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Kentucky on
Q: what kind of attorney do I need if I've delt with physical, emotional, and sexual abuse

i am now disabled due to contracting hiv from my ex of 18 yrs

T. Augustus Claus
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answered on Aug 31, 2023

If you've experienced physical, emotional, and sexual abuse and are seeking legal assistance, it's important to consult with an attorney who specializes in handling cases related to personal injury and abuse. Specifically, you might want to consider reaching out to a Personal Injury... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

T. Augustus Claus
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answered on Aug 21, 2023

In Kentucky, if a domestic violence order (DVO) against you expired 12 years ago and you lack other firearm prohibitions, you may generally be eligible to purchase a firearm.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Firearm rights

Can I purchase a firearm after a domestic violence order (DVO) has expired 12 years ago in the state of Kentucky? I do not have any other firearm prohibitions. Can a DVO be expunged from your records?

Timothy Denison
Timothy Denison
answered on Aug 21, 2023

Yes you can purchase a firearm. A dvo cannot be expunged from. Your civil record.

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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Does the law enforcement decide if the abuser of domestic violence goes to jail? Or are there certain protocol and laws.

My ex boyfriend tried to kill me few weeks ago. As he stated he was going to before beating me with a rock and other objects. Law was notified when I came to, and they took pictures and everything. My question is why was he not arrested? I've filed for charges. They have not started... View More

Timothy Denison
Timothy Denison
answered on Jul 23, 2023

Generally, law enforcement makes the decision and the abuser is arrested. You may want to get some investigative reporters and make this known. You may also want to go to your county attorneys office and take a criminal complaint against him. If you are living with him, get out of there and to a... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Kentucky on
Q: Does the “no contact” rule on a DVO only apply to the abuser (the person who committed the abuse)? I’m in KY

DVO issued, he was charged and is sentenced to 2 years in prison.

Leland Hulbert
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Leland Hulbert
answered on Jul 9, 2023

Typically, in a domestic violence order, the abuser can have no contact with multiple people, including significant others and children. People who are victims or not under a no contact order. It sounds like if he went to prison for two years, he was also charged with crimes, which are far more... View More

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: DVO motion

Can someone that’s absolutely not involved in a DVO case write a letter to the judge about our case? I’m the petitioner. Like my exes mother of his children is trying to write a statement and his mother hates me and is trying to do the same. Is that even legal?

Todd B. Kotler
Todd B. Kotler
answered on Jun 9, 2023

I do not practice law in Kentucky. Generally, courts do not accept letters from people purporting to be witnesses. The only way to present evidence to a court is either as an exhibit attached to a motion or to properly introduce it at a hearing or trial, in accordance with your state's Rules... View More

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1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens if my wife brings me home before the judge has ruled on a DVO amendment? Can there be a search warrant?

Wife filed a DVO four months ago.

And decided to tell me she wants me back home and doesn’t want to divorce. We have a newborn together as well. She brought me home recently in the hopes it would be amended.

Turns out judge said no.

Can there ever be a random search for... View More

Timothy Denison
Timothy Denison
answered on May 1, 2023

You are violating the DVO by returning home before it is amended. If anyone reports it or if the police are called and find you there, you will likely be arrested and charged with violating the dvo. You should go somewhere else to stay, hire a lawyer to get the dvo amended, and not have any... View More

2 Answers | Asked in Domestic Violence for Kentucky on
Q: My wife got an EPO on me. Last night her AirPods randomly connected to my iPhone. We have proof she drove by.

Will this help me in my DVO case?

Leland Hulbert
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Leland Hulbert
answered on Feb 23, 2023

If you are the one with the EPO charges against you, you are not allowed to have any contact with her. If you have contact you could be charged with violating an EPO and be arrested on a new criminal charge. She is not under any restrictions. She does not have an EPO against her from what you are... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: How can someone be arrest on a complaint warrant when it wasn’t the victim that didn’t do the complaint at all. When the

Victim was the one that police came in on and because the detective didn’t get what me wanted from me he turned to my boyfriend and had him arrest 3 months after the fact. The Sheriff’s that came was confused over it and, supposedly the warrant wasn’t signed by a judge either. He spent 78... View More

Timothy Denison
Timothy Denison
answered on Dec 11, 2022

An arrest can be made by police in a domestic case based on probable cause determined by the officer. He does not have to witness it or be present. An arrest may also be made upon a warrant issued upon a sworn statement of the police or private citizen. Consult a criminal defense lawyer near you... View More

1 Answer | Asked in DUI / DWI, Family Law and Domestic Violence for Kentucky on
Q: I seen my kids mother in traffic I went the opposite way she did , but her friend told me she filed a complaint on me.

There is a DVO in effect, Should I be worried for an arrest ? This happened 3 days ago . Or how does a complain work ?

Timothy Denison
Timothy Denison
answered on Nov 25, 2022

Doubtful anything will come if it as you did the right thing by going the other way when you saw her. That is the advice judges usually give when issuing a dvo. If there was no contact nor communication, you should be safe.

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: What does this mean

What does it mean when the judge is awaiting an order from the prosecutor?

Timothy Denison
Timothy Denison
answered on Feb 22, 2024

Just what it says. The judge apparently asked the prosecutor to prepare an order for the judge to sign and the judge is waiting on that order.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: What’s this mean

He was just put on misdemeanor probation, a motion was filed from victim and attorneys office that he has continued abuse with proof and this came up on the website…

Next MOTION NOT REQUIRING HEARING iS scheduled for 02/14/2024 at 9:01 PM.

Now it’s back to what it said since... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2024

It is a procedural commentary and it appears as though the 2024 date is remanded and the 2025 date will be the next review. Looks like good news.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a dvo on my ex boyfriend that a judge granted for 3 years is there anyway to get the dvo dropped?

I had filed the petition in July and a judge granted a 3 year dvo in August after having a 14 day epo

Timothy Denison
Timothy Denison
answered on Jan 27, 2024

You will have to go back to court and ask the judge to dismiss it.

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