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Kentucky Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Kentucky on
Q: Me and my boyfriend got to fighting a knife was involved but no major injuries. He is currently in jail what will happen

When he goes to court this his first time in any trouble

Timothy Denison
Timothy Denison answered on Mar 29, 2021

Probably amended to assault 4, domestic violence intervention program, anger management, 6 mo to 1 yr probated.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a IPO against my Ex and he has violated it multiple times the prosecutor took out criminal charges for him

Violating It but they can’t find him and they said he ignores them knocking when they go to his house and told me theres no more they can do but he still keeps violating it what can i do?

Timothy Denison
Timothy Denison answered on Mar 29, 2021

Call the police while he’s violating the order and have them come arrest him.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I took an EPO out on my ex on the 15th of this month we both have court over it if I don't go will they dismiss it

I have an EPO on my ex-boyfriend he has not contacted me or bothered me since then and I was wondering if I do not go to the court hearing if they will just dismiss the case he's not contacted me and I really don't feel like going to court and fooling with it will they dismiss it he is... Read more »

Timothy Denison
Timothy Denison answered on Mar 10, 2021

Depends on where you are located. Judge will probably dismiss it, although he could require your attendance and testimony if he chose to do so.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: dropping a dvo

I have a dvo on my ex from like 2 years ago but we just recently decided to put it all behind us cause we was both young. What steps do I need to do to drop it? (In ky)

Timothy Denison
Timothy Denison answered on Mar 4, 2021

File a motion to amend the dvo in the clerks office. They will give you a zoom or Skype hearing date t which you can ask the judge to set aside and dismiss the dvo.

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: I want to have my child's father removed from my home by the police will they automatically call cps to report this?

I was told by a friend anytime a police report is made against a couple with children cps is automatically called and a report is made. I desperately want him removed due to his constant verbal and emotional abuse but I do not want the stress of having cps involved as I have heard the many horrer... Read more »

Leland Hulbert
Leland Hulbert answered on Feb 19, 2021

A court can order CPS intervention or a police can contact CPS if they feel that it is necessary because a child is in dange. However, there are other options that typically do not involve CPS. If you file an emergency protective order/EPO against your husband if he is violent or making threats... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I have a DVO against my ex boyfriend who has violated the Protection order twice. What will happened to him in court?

He was arrested four days ago and charged with violation of dvo and probation. He has a court day coming up in four days and also a hearing for revocation of probation. Will he most likely do jail time and have his probation revoked? Will he be let go? Do I have to show up?

Timothy Denison
Timothy Denison answered on Feb 7, 2021

He will likely be convicted. Depending on the severity of the violations, he could be facing jail time. If you have been subpoenaed, you do gave to show up ( be it by Zoom, Skype, or in person).

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I'm on parole in ky. Me and my girlfriend want to live together. Will P.O allow this?

She has no felonies or criminal history. We have a history of domestic violence. The DV charge was in 2016 and a DVO was issued and expired 2 years ago. Do you think my P.O will allow us to live together or will it be automatically denied?

Timothy Denison
Timothy Denison answered on Feb 6, 2021

It’s up to your PO but they likely won’t allow it bc of the history of SB.

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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 »

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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.

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