Lawyers, Answer Questions  & Get Points Log In
Kentucky Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: For a first time offense of wanton endangerment first degree and domestic violence fourth degree- likely outcome?

Gun involved but shot at ground. Under influence of alcohol. No one injured or pressing charges.

Leland Hulbert
Leland Hulbert answered on Jan 19, 2021

It depends greatly on the facts, victim testimony and evidence. Domestic violence cases in Louisville have a special set of prosecutors and are examined very carefully. A felony carries up to five years in prison but these type of charges are on the cusp of a misdemeanor or a felony. I strongly... Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Kentucky on
Q: EPO filed last night against my husband, he was arrested. I go to court in 2 weeks for the DVO. I’m scared

...he’ll do what he always does and be petty. Some manipulation and gaslighting to make himself seem like a victim. Police took pictures, I have pictures from a previous incident. My daughter has never seen any abuse, she is a happy little person..but what if he try’s to have my daughter taken... Read more »

Timothy Denison
Timothy Denison answered on Jan 12, 2021

He can’t take your daughter, especially with a DVOpending. You need to stand up to him once and for all. Start by hiring a lawyer to go to the hearing with you. Then, seriously consider filing fir divorce and custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: What are the reasons why a home placement would be denied by probation and parole?

Me and my girlfriend have a history of domestic violence. The domestic violence order has expired. My conditions of parole do not apply to her. Can we live together?

Timothy Denison
Timothy Denison answered on Jan 10, 2021

The history of domestic violence in snd of itself is sufficient for PO to deny it. It doesn’t matter if the DVO has expired nor does it matter that no contact was not a condition of your parole. It is strictly s subjective judgment call by your PO.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can the state of ky press domestic violence charges without the victims consent?

Police have been called twice on my husband for him being physical with me. Each time I stated I did not want to press charges or file for an EPO. The second time the police took a statement from me and my mother in law, took pictures of my injuries. The next day cps showed up and started a case. 3... Read more »

Timothy Denison
Timothy Denison answered on Jan 8, 2021

Yes. They can.

1 Answer | Asked in Child Custody, Family Law and Domestic Violence for Kentucky on
Q: Judge granted joint custody and my ex has an assault charge. EPO, etc. How can I gain sole custody??? In Kentucky

Ex-husband is on 2nd EPO and has assault charges from abusing me. 2 contempt charges for breaking into my home within the last few months. The divorce was done in the next county over, however wasnt signed by the judge yet pwhen we were in court here for the assault charge and original EPO. The... Read more »

Timothy Denison
Timothy Denison answered on Jan 3, 2021

If the judge granted Joint custody with the assault charges pending, there is not likely anything that can be done. If the assault charges occurred after the grant of joint custody, you could move to modify to sole custody if you can show that he presents a danger to the child.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: My friend is 14 years old and I am 17. Her mom physically abuses her a lot. She’s wanting to leave.

What kind of trouble would I get into if she left without

the moms permission? She’s scared to be there with her and she can’t go to any family member without them telling her mom

Timothy Denison
Timothy Denison answered on Dec 29, 2020

You could draw any number of charges if you interfere. Don’t interfere. Instead, report the abuse to CPS and let them handle it.

1 Answer | Asked in Domestic Violence and Family Law for Kentucky on
Q: Can I refuse visitation if I think my daughter would be exposed to domestic violence and has been exposed recently

My daughters father has been abusing his girlfriend in front of our daughter. I got called to come remove my daughter from the home when he got arrested for domestic violence and bring her to Kentucky to live with me. My daughter is scared to have a visit with her father for fear of the abuse she... Read more »

Timothy Denison
Timothy Denison answered on Dec 16, 2020

You have to balance your fears with the court order. If she’s really at risk, you can decide to withhold visitation. If the court determines it’s a ploy to deprive visitation, it’s contempt.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can a person be prosecuted in a domestic violence case for burglary and assault for if the witness isn’t showing up ?

My ex kicked in my door which resulted in a minor injury but I do not want to go to court he has threatened to kill me. He was caught at the scene of the crime. Can he still be convicted without my testimony?

Timothy Denison
Timothy Denison answered on Dec 4, 2020

Not unless there are independent witnesses to the event.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: my bf and I got into an argument & minor injury was caused. My parents forced me to call the police.can I drop charges?
Timothy Denison
Timothy Denison answered on Nov 28, 2020

No. It is now up to the Commonwealth.

1 Answer | Asked in Domestic Violence and Election Law for Kentucky on
Q: If a judge is not reelected, can their cases be overturned? i.e. a DVO.

I am asking for a friend. They were granted a DVO from their abusive boyfriend back in May. The boyfriend will not stop retaliating and now his lawyer is trying to have my friend's DVO overturned because the judge was not reelected in the past election. I was wondering if this would be applicable.

Timothy Denison
Timothy Denison answered on Nov 18, 2020

They can be overturned but it doesn’t happen frequently.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Kentucky on
Q: How does my mother file for a change of custody. I’m being mentally abused at my grandparents what do we do??

I’ve ran away several times from here. I always get brought back... I’m tired of living this way and my mother wants to get a good lawyer to make sure I can go with her!? She can pass a drug test my grandparents cannot.

Timothy Denison
Timothy Denison answered on Oct 19, 2020

She files a motion for return of custody in the same court that awarded custody to your grandparents.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Kentucky on
Q: In his broad discretion, can a judge relinquish venue under forum inconvenience if the plaintiff waived right to venue.

Plantiff fails to object to venue in preliminary custody matters 3yrs after moving to Oldham county. Participates in further proceedings in decree county. Jefferson county. Until filing motions in (oldham) county of residence and winning temporary order. Files petition for custody in county of... Read more »

Timothy Denison
Timothy Denison answered on Oct 7, 2020

Yes, the judge has discretion to relinquish venue. However, under the Uniform Chid Custody Jurisdiction Act, the judges of the two possible forums are required to converse and make a decision as to where jurisdiction and venue is appropriate and who will be exercising both to hear the case.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Soon to be ex husband has a dvo on me but gets my sister to ask me questions is that him breaking the dvo?

he filed a epo judge issued a dvo and gave him temp custody he has messaged my sisters wanting them to ask me questions for him he also had told them that I wasn't allowed to post pictures of our daughter because he's not suppose to let me have her but he did anyways more than once and... Read more »

Timothy Denison
Timothy Denison answered on Oct 3, 2020

He can’t break the dvo. Only you can. You talking to him through a third party is breaking the dvo.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a dissmised domestic violence case that was amended to harassment w/ personal contact, am i prohibited from guns?

My case has been dissmised, and I was never directly told I couldn't own guns but wanted to see if I could make future purchases without getting into legal troubles

Timothy Denison
Timothy Denison answered on Oct 1, 2020

If it was amended then it wasn’t dismissed and if it isn’t dismissed, you can’t have your ccdw bc of the SB conviction.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: What are chances of IPO violation being dropped when I was arrested the day before dismissal?

My fiancé was a DV victim for 15 years and after an argument where he was in top of me and I scratched his neck while getting him off of me, he left and went and filed an epo. At our hearing he chose to not drop the order. After court he realized that he had no business doing that and immediately... Read more »

Timothy Denison
Timothy Denison answered on Sep 29, 2020

No grounds for dismissal. Clear violation of court order.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My brother has a criminal record and his (now ex) girlfriend is telling the police he hit her. Does he stand a chance?

I wasn't there obviously but I believe my brother because she is calling him from no caller ID numbers asking "is ____ your address?" She just seems to be taking it as a joke when this is very serious for him. He told me she was throwing things at him and kicked his dog (but again I... Read more »

Timothy Denison
Timothy Denison answered on Sep 29, 2020

He needs a good criminal defense attorney. ASAP.

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Kentucky on
Q: If I have proof that my daughters dad is selling drugs do I legally have to let him go where he wishes to see her?

My daughters dad has been inconsistent with seeing her the last year of her life (she’s 2) and hasn’t seen her for a total of a month now, has all ways of me contacting him blocked, but guilt trips his mom about not seeing her, but I don’t want to get in trouble if I don’t allow visits. I... Read more »

Timothy Denison
Timothy Denison answered on Sep 28, 2020

You should file a motion to limit or suspend his visitation and let the court rule. You cannot unilaterally withhold parenting time but if you submit your proof to the Court, then you will be covered.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Can a DVO, once issued but later dismissed, be expunged?

A case in which a DVO hearing was held and a DVO was issued, then dismissed at the request of the petitioner was not in effect for one month.

Timothy Denison
Timothy Denison answered on Sep 21, 2020

Yes, if dismissed, can be expunged.

1 Answer | Asked in Domestic Violence and Criminal Law for Kentucky on
Q: Ok I am a victim of domestic violence. My husband filed a false epo along with another woman. the sheriff who served it

Knows it's not true and this is not my husband first time. He's done this before to other women. And I am currently pregnant with our child. So what is the chance of getting the epo on me overturned to a dvo on him.

Timothy Denison
Timothy Denison answered on Sep 12, 2020

None unless you take your own epo against him. The court cannot convert his epo against You to a dvo against him.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.