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Kentucky Questions & Answers
1 Answer | Asked in Criminal Law, Education Law and Gov & Administrative Law for Kentucky on
Q: Can public school employee coach with arrest record in Kentucky?

I was arrested twice, once for drug trafficking and once for drug possession and unlawful transaction with a minor. The charges were dismissed in both cases, and I have no ongoing legal proceedings aside from a bench warrant for failing to appear in a traffic case. Six weeks after being hired, my... View More

Timothy Denison
Timothy Denison
answered on Mar 24, 2025

That decision is solely up to the School Board since Kentucky is an at will employment state. Since the charges were dismissed, it really shouldn't affect your employment. However, you may want to consider having the record expunged altogether so that this problem doesn't arise in the future.

3 Answers | Asked in Bankruptcy and Probate for Kentucky on
Q: Can my inherited home be taken if I file for bankruptcy in Kentucky?

I am considering filing for bankruptcy. My father passed away in September 2023, and his estate just settled. I have received his home, valued at $25,000, which needs repairs and has no water. There is no debt or lien on it. I haven't officially transferred the title yet. Can this home be... View More

Nick Curtis Thompson
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Nick Curtis Thompson
answered on Mar 18, 2025

You have a 27,900 exemption that allows you to keep up to 27900 in equity in your home you live in. It must be your residence. You also have a 4500 exemption for a car. If you live in the home and the truck is in your name you should have no problem.

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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 Divorce and Child Support for Kentucky on
Q: How should we structure the agreement to ensure the child support is legally valid?

My spouse and I are currently separated, and we are in the process of filing for divorce in Kentucky. We have a child custody order from a Virginia court, but we do not want to include child support in the Kentucky divorce filing. Both of us is currently looking for jobs but not working , and we... View More

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

You would use language confirming that both of you have made full disclosure of all income and asset and that you have consulted the Kentucky Child Support Guidelines. You would also say that based on the agreement of the parties, neither party shall pay child support at this time and that the... View More

1 Answer | Asked in Traffic Tickets and Consumer Law for Kentucky on
Q: Pulled over in Kentucky with expired tags and no insurance; options and penalties?

I was pulled over in Kentucky with expired tags for two years and no insurance. The officer cited me for these violations. I have no prior violations, and although I am getting insurance today, I don't have the funds to renew my tags. What are my options, and what potential penalties am I facing?

Timothy Denison
Timothy Denison
answered on Mar 16, 2025

If the tags are corrected, they will likely be dismissed. If you did not have insurance, that will likely be a $500 fine and court costs, part of which may be suspended by the Court. No insurance is also an enhanceable offense, which means if you get another No Insurnace charge within five years... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Kentucky on
Q: Can I use my cardio doctor after a staph infection complicates heart surgery?

I need advice on whether I can use my cardio doctor for performing a quadruple bypass surgery after experiencing a staph infection. The infection was present before the surgery, and the doctor did not address it, resulting in three additional surgeries to close my chest. This situation has made it... View More

John Amos Whatley
John Amos Whatley
answered on Mar 11, 2025

If you are thinking about suing your cardiothoracic surgeon, the key issue would be whether their decision to proceed with surgery despite the infection amounted to medical negligence. In cases like this, proving malpractice generally requires showing that the doctor failed to meet the standard of... 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

2 Answers | Asked in Immigration Law for Kentucky on
Q: Handling I-862 filing with adjustment of status process in court

I have to appear in immigration court and file form I-862. However, since December 2024, my husband has applied for my adjustment of status, and I have the I-797 acceptance notification for that process. Should I send my I-797 acceptance notice to the court, and what should I consider regarding the... View More

Monica E Rottermann
Monica E Rottermann
answered on Mar 3, 2025

First, if you have been issued a Notice to Appear for removal proceedings, which it appears you have since you reference Form I-862, it is very important that you attend all scheduled court hearings and inform the immigration court if you ever change addresses. If you fail to attend any scheduled... View More

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1 Answer | Asked in Animal / Dog Law for Kentucky on
Q: Is it okay to leave dog in car for 30 mins at 70°F in KY?

Can I leave my dog in a car for 30 minutes on a 70-degree day? The car will be parked in direct sunlight with the windows slightly down. I'm not aware of any specific local laws regarding leaving pets in vehicles.

Timothy Denison
Timothy Denison
answered on Feb 26, 2025

No, you should never leave a dog in a car even in 70 degree weather (and especially not in direct sunlight) as the temperatures inside can multiply very quickly, creating dangerous conditions for the dog. I would always either leave the dog st home or take her in with you when you have to go... View More

3 Answers | Asked in Bankruptcy and Real Estate Law for Kentucky on
Q: House purchase post-Chapter 7, lien risk?

I filed for Chapter 7 bankruptcy in Kentucky 10 years ago. I am now looking to purchase a home. Can I have assets like a house in my name without the risk of a lien being placed on it due to the bankruptcy from 10 years ago?

Anthony M. Avery
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answered on Feb 26, 2025

If you listed all the creditors you had then and got a discharge, then those debts are gone and cannot be collected upon. But if you have been sued since or incurred other debts, then you might have something to worry about. If so, consult with a KY attorney about asset protection and exemption... View More

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2 Answers | Asked in Consumer Law, Civil Litigation and Criminal Law for Kentucky on
Q: Dispute over forced payment for tow truck services in vehicle sale.

My fiancé sold a vehicle to a buyer, and the buyer arranged for a tow truck to come to our home to pick it up. The buyer needed a jump box, and when asked, my fiancé assisted by using the tow truck driver's jump box. The buyer paid the tow truck driver, but the driver also requested payment... View More

John Amos Whatley
John Amos Whatley
answered on Mar 11, 2025

Your fiancé may have legal grounds to dispute the payment, as he did not request the tow truck's services and had no contractual obligation to pay. To address the situation, he should gather all relevant documentation, including receipts, communications, and any witness statements confirming... View More

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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 Arbitration / Mediation Law, Contracts and Civil Litigation for Kentucky on
Q: Can I overturn a mediation agreement if there unclear deadlines, changes in terms and duress when signing

I signed a settlement agreement for a civil case partly to attorney's advice, of high trial costs, limited 60-day prep window and legal fees aren't awarded even won? I wasn’t told mediation document was a memorandum or the plaintiff didn't have a deadline to fulfill terms like... View More

Timothy Denison
Timothy Denison
answered on Nov 25, 2024

you can certainly file a motion to be relieved from the mediation agreement, but since you were represented by counsel and signed the agreement voluntarily, you have an uphill battle on your hands. You should sit down with your lawyer and go over the terms and make sure you understand them before... View More

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: If i made a shirt with a name on it that is now a trademark, can I be reported for copyright?

I made a shirt for my daughter 2 years ago that says "zach bryan" with a photo that she picked of a longhorn. Facebook notified me that I have been reported for copyright Infringment but I don't see how as my daughter picked a photo I made on the computer. It was not copy and pasted

Patrick Cummins
Patrick Cummins
answered on Nov 13, 2024

If the copyright infringement allegation is directed to the picture of the longhorn, and you captured the image of the longhorn or you drew it yourself, you are likely not at fault. If someone else drew the image of the longhorn, or captured the image of the longhorn with their camera, then you... View More

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2 Answers | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need advice on how to take action against an uninsured driver.

In April this year I was a passenger in a taxi and another driver side swiped us. At this point I'm on my third law group and know that the driver that side swiped us had no car insurance. So far I've only been told that I can prosecute them for hitting us and not having any car... View More

John Amos Whatley
John Amos Whatley
answered on Nov 11, 2024

There are two avenues in which a person that is driving while uninsured is held accountable for their actions. The first is the criminal track. Criminal actions are prosecuted by the state. The ultimate decision to pursue a criminal action lies with the state.

The second track is by way of...
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1 Answer | Asked in Employment Law and Tax Law for Kentucky on
Q: If I work for someone for over 10 years under the table and they fire me how do I get money owed to me
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

You should contact an experienced Kentucky employment attorney immediately. Kentucky law states that any employee who leaves or is discharged from his employment shall be paid in full all wages or salary earned by him no later than the next normal pay period following the date of dismissal or... View More

1 Answer | Asked in Medical Malpractice for Kentucky on
Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

I was admitted both times and was wearing the red warning bracelet and they prescribed it anyways

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to...
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2 Answers | Asked in Adoption, Child Custody and Family Law for Kentucky on
Q: if an adopted child turns 18 and the parent has power of attorney can the child still leave
Rob Astorino Jr.
Rob Astorino Jr.
answered on Nov 8, 2024

Yes. However, the if the child is disabled, you could file a petition for guardianship, conservatorship, limited guardianship, limited conservatorship and/or a combination those representative roles.

"Disabled" means a legal disability, not a medical disability, and is measured...
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2 Answers | Asked in Animal / Dog Law for Kentucky on
Q: My dog supposedly jumped our fence and damaged the neighbors non fenced pool. Are we liable for cost of replacement?

We live out in the country and have seen racoons, opossum, deer, foxes, bob cats, coyotes, stray dogs, ect. around the area. Supposedly one of my dogs got out of our fenced in yard and jumped in our neighbors pool damaging the pool cover and the pool. They have not presented any evidence that it... View More

John Amos Whatley
John Amos Whatley
answered on Nov 8, 2024

In Kentucky, any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. See KRS 258.235.

I recommend that you give your homeowners insurance carrier notice of the potential loss. I would also give your neighbor your...
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1 Answer | Asked in Personal Injury and Car Accidents for Kentucky on
Q: I need help, direction, and advice on what kind of a lawyer to contact.

Aside from me calling around and talking to different lawyers I want to say that aside from being a very messy and complicated case I would like to know what kind of a lawyer could help me if I don't want a financial recovery and I just want to use my personal Medicaid health insurance for all... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2024

A Kentucky attorney could advise best, but your question remains open for almost a month. Sorry about your accident. It sounds like the law firms with whom you consulted are reluctant to place the matter into suit. One option is to continue to reach out to attorneys. If a number of law firms... View More

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