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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: Can she get another epo after she lied and dropped the other one.

I my son ex girlfriend filed a epo and then dropped it and it state he don't deserve to have it on his record and it was dropped, six months later they get back together ,I let him use a mattress and a bedframe on the understanding that it belongs to me can she have another epo against him.... Read more »

Timothy Denison
Timothy Denison
answered on May 10, 2022

Most likely not on the same facts but she can on new facts if they become available.

1 Answer | Asked in Family Law and Domestic Violence for Kentucky on
Q: What happens to a epo if the filer went to the person house and sat in there road and wasn't 500ft away from them
Timothy Denison
Timothy Denison
answered on Apr 19, 2022

Nothing. The epo is not against the filer.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: If you have a dvo violation on your record that has expired in 2018, can it be expunged and do u need an attorney to do
Timothy Denison
Timothy Denison
answered on Apr 13, 2022

Usually it cannot be expunged but to have any hope at all, you would indeed need a lawyer.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: how do i go about protecting my kids and myself

hes never been in my sons life ,hes not on my sons birth certificate stalking me from prison , telling me when he gets out he coming to us , haven't spoken to him since before arrested , went to prison for assault 2nd / 10 yr sentence , scared of what he might do or take my son , and i... Read more »

Timothy Denison
Timothy Denison
answered on Mar 24, 2022

Take an epo against him and ask the court to grant a three year dvo.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I am aware of the motion to reconsider but please explain what is meant by be heard on the merits
Timothy Denison
Timothy Denison
answered on Mar 21, 2022

Heard on the merits means decided on the actual facts of the case rather than on a default bc you did not appear.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me would that be her violating the no contact order?
Leland Hulbert
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Leland Hulbert
answered on Mar 3, 2022

The only person that is under a court restriction in an EPO case is the respondent. You can use these attempts to contact you at a hearing but you should not contact her back under any circumstances. If you hire an attorney they can contact her.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Petitioner is contacting me and she filed a no contact order against me I am the respondent what do I do?

No contact order

Timothy Denison
Timothy Denison
answered on Mar 3, 2022

Absolutely have no contact for any reason.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: No contact epo Petitioner is contacting the respondent.? What do I do..?
Leland Hulbert
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Leland Hulbert
answered on Mar 3, 2022

If you are the petitioner and you are being contacted by the respondent and you can prove the contact you need to go to the county attorneys office or call the police. If there is an active EPO and a person is contacting you that is a new misdemeanor charge of violating an EPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My ex violated a protection order I have. Do I appear in court too?

I have a 3 year protection order on my ex. He violated it and was arrested. He has a court date coming up this week for violating it. Do I have to appear in court too?

Timothy Denison
Timothy Denison
answered on Mar 1, 2022

Yes. You do.

1 Answer | Asked in DUI / DWI and Domestic Violence for Kentucky on
Q: How can arresting officers be held accountable in the state of KY?

My daughter called for help as the victim in a domestic violence situation and the responding officers ignored her statements and arrested her for DUI for sitting in a parked vehicle with engine running that "smelled strongly" of marijuana on their arrival

Timothy Denison
Timothy Denison
answered on Feb 28, 2022

You need to first get her exonerated of the dui and thereafter file a civil rights lawsuit against the officers and their department.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Small Claims for Kentucky on
Q: Accused of violating a dvo, I went to court the violation was dismissed by judge before next court date I was arrested

I was arrested for dismissed violation in a different county than the issued dvo was filed and my rights weren't read to me. Truck was towed and if i didn't violate can i get compensation for my jail time and impound fee

Timothy Denison
Timothy Denison
answered on Feb 16, 2022

What is your question?

2 Answers | Asked in Domestic Violence for Kentucky on
Q: I had a dvo. Its on record but also expired 3 years ago. I was never charged. Is this unconditional dismissal?

I wasn't charged with anything. I haven't had a y other legal issues ever. It was in family court. Prosecutor never pressed charges. But they still put a dvo on record. Can I join the military? Also the one who put it on me said he'd be a reference for me for the army. We're... Read more »

Leland Hulbert
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Leland Hulbert
answered on Feb 15, 2022

If it was an EPO that never went to a DVO it would be eligible for expungement if it was dismissed. If it became a DVO after a hearing it would not be eligible for expungement unless you go back and petition the court to set aside that finding.

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: My boyfriend was charged with 4th degree assault (domestic violence minor injury) I never once said I wanted

To press charges. I actually told them I didn’t want him to go to jail. Is there anything I can do? He was let out on bond the same night, and he’s never been in trouble his entire life until now. What can I do or what can happen?

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 11, 2022

You need to hire a lawyer and the boyfriend can work with your lawyer. You will not be able to talk to him or speak with him or contact him because there is likely a no contact order. Domestic violence cases often have victims that don’t want to go forward but The prosecutors will still go... Read more »

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: In the state of Kentucky, how do I petition the court to dismiss an Emergency Protection Order filed against me?

I have an active EPO that has been in place for over three months. Is there anything I can legally do to petition the court for dismissal? I feel that I have enough physical and written proof to have this order dismissed, I just cannot find a way to file the proper response to have a opportunity... Read more »

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Feb 2, 2022

You are entitled to a hearing in front of the court where the court decides if it will be a domestic violence order DVO or it will be dismissed. My guess is if you’ve had it passed three months already there’s likely an agreement in place that it will eventually be dismissed.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: The ex of my sister lie for Domestic Violence and won the case without evidence how she can fix this problem ?
Timothy Denison
Timothy Denison
answered on Jan 26, 2022

Your only remedy is to ask to reconsider or appeal the decision to the Zcourt of Appeals.

2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... Read more »

Anna Aleksander
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Anna Aleksander
answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... Read more »

2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can ex husband be charged for saying he’s going to take out my whole family?

Messages like this has been going on for years, but the last strain of messages came with a video, it was of s my ex feeding a dog then moves the camera away and you hear a gunshot and just get a glimpse of the dog again , but he’s clearly sending the message that he’s going to kill us like he... Read more »

Timothy Denison
Timothy Denison
answered on Dec 19, 2021

Yes. Those threats are actionable. Pursue them in court and Take some gun safety classes and buy yourself a firearm.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a DVO. Is there a way to dismiss it or make a change, in regards to no contact in the state of Kentucky?

I was informed by someone that the respondent has moved on with another and is getting married.

Timothy Denison
Timothy Denison
answered on Nov 10, 2021

You can file a motion to modify it with the Court to address these issues.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: Can my husband lock me out the day after I leave because he scared me so bad I fear for my life? I have 2 small kids

I have gave him 5000 cash towards 1000 to get my name on the deed. I bought paint flooring insulation paneling back splash and a new toilet plus did half the work fixing and installing everything

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Sep 25, 2021

No. If a spouse in KY threatens their spouse with imminent harm such that the spouse if forced to leave their home for their safety, that spouse may seek a protective order and possibly regain access to the marital home that way. If granted, it would restrain the abusive spouse from coming near.... Read more »

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