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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Mentel health issues and strangulation charges
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

What is your question?

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: What course of action can I take when my kids step-father threatens me?

he has past documents from his first marriage that he was emotionally and physically abusvie. I am worried my kids are being or will be abused in the future. He also told the children who are 11 and 8 after a vacation they got henia tattoos and he told them if they ever get real tattoos he will cut... Read more »

Timothy Denison
Timothy Denison
answered on Sep 14, 2022

Take a criminal

Complaint against him for terroristic threatening, harassment, Harassing communications and menacing. You may also want to consider an EPO or an IPO against him as well.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Timothy Denison
Timothy Denison
answered on Sep 13, 2022

No. Not if you have not been served.

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2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a person go to jail for an epo/dvo if they didn’t violate and if they didn’t get served
Leland Hulbert
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Leland Hulbert
answered on Sep 13, 2022

If they were never served at all then they had no notice of the restrictions. If they have a prior EPO or DVO that has restrictions in place and they violated a warrant can be issued for their arrest based on a new criminal charge of violating an EPO/DVO. An EPO or DVO by itself is a civil case but... Read more »

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: If the Commonwealth of Kentucky is charging someone with 1st degree assault/domestic violence do they put a epo on both

People until court is over or do you have to get the epo yourself

Timothy Denison
Timothy Denison
answered on Sep 12, 2022

No. It is not on both people. You have to get your own.

2 Answers | Asked in Domestic Violence and Family Law for Kentucky on
Q: My daughter just turned 18 and just needs to know if she has been abused her whole life can she press charges

My daughters fathers girlfriend is the one who abused her and the father knew about it we are

Sure of my daughter wants

Justice

Leland Hulbert
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Leland Hulbert
answered on Sep 12, 2022

The short answer is yes. There is no statute of limitations for felony offenses in Kentucky. She should contact law-enforcement and they can help her with this process.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: 8 years ago I plead guilty to a misdemeanor 4th degree domestic assault. She didn't show up for DVO. 5 yrs wait?
Timothy Denison
Timothy Denison
answered on Aug 31, 2022

If you haven’t been convicted of any crimes since then, you should be eligible to have the assault expunged now.

1 Answer | 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. And never wanted him to go to jail If I speak with a judge and explain the situation. he’s never been in trouble his entire life until now Will the judge still send him back to jail at his hearing

Timothy Denison
Timothy Denison
answered on Aug 2, 2022

He needs to hire a good lawyer to appear with him. Prosecution is up to the Commonwealth but He may be able to work something out and resolve it at court!!

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Domestic Violence for Kentucky on
Q: Can I file harrassment charges after 2 epos we're filed on me , both dissmissed for lack of evidence ?

The petitioner and I were never in a relationship. In court

he accused me of being the reason he nearly lost custody of his son, and for him being kicked out of his residence claiming I got his girlfriend to kick him out . It wasn't until after the first case that I found out his ex... Read more »

Timothy Denison
Timothy Denison
answered on Jul 30, 2022

You can file a complaint for harassment at your local county attorneys office in the county in which you reside.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: I took an epo out, hes in jail and they charged him with strangulation 1st, CA taking to trial,Can he b released on HIP?

He has a clean record, but strangulation was after he threw a glass and was bloody,, CA says found probable cause, and going to jury, can he bond out onto hip, and do i have to appear for jury? Sense I'm not pressing charges?

Timothy Denison
Timothy Denison
answered on Jul 23, 2022

Most domestic violence offenders are not released to HIP. Bond will be up to the judge. The Commonwealth is prosecuting the case so most decisions will be made by the Commonwealth Attorney.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: My husband was arrested for 4th degree assault domestic violence, I filed an epo, I wish to drop it, the attorney

The attorney office said to go to the court date of his hearing and tell the judge, my question is if the judge will drop the epo will my husband still be charged with assault and arrested?

Timothy Denison
Timothy Denison
answered on Jul 19, 2022

Yes. The epo is a civil proceeding whereas the assault snd battery charges are criminal. Dismissal of the epo will not have any bearing on the resolution of the criminal charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: If a petitioner violates a DVO, what are the consequences?
Timothy Denison
Timothy Denison
answered on Jul 14, 2022

None for the Petitioner. The dvo is only against Respondent.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: How do I talk to the judge about dropping a dvo

I had a fight with my husband over a year ago and it got heated and I threatened with child protective services to file an emergency protective order against my husband. I tried to ask for it to be dropped last year and the judge said no and since then I was threatened again with cps and they said... Read more »

Timothy Denison
Timothy Denison
answered on Jul 5, 2022

You will have to go back to court and ask the judge to modify the order of protection.

2 Answers | Asked in Family Law, Real Estate Law and Domestic Violence for Kentucky on
Q: If my wife invited her parents to our house that we both own. Can I legally say you are not allowed in my home.

My wife’s father has called and threatened me physically. He has now done this for the second time now. Both my wife and my names are on the mortgage.

Nick Curtis Thompson
PREMIUM
Nick Curtis Thompson
answered on Jun 20, 2022

If you are not feeling safe and he is threatening you, then you must prosecute the father as fully as possible. Get a restraining order if you need to. If she does not allow you to feel safe or threatens you, you need a divorce. This is no longer a healthy relationship; you are no longer... Read more »

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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
PREMIUM
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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