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Kentucky Domestic Violence Questions & Answers
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.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: A DVO was issued against my husband as a condition of release. This has caused major financial issues.

Assault 4, DV, minor injury. Can this be reversed without him having to serve the 180 days? Serious enough financial issues that my kids and I could be homeless within 2 months. I work, but we had everything based on both incomes and mine is about 1/3 of his. Are financial issues enough for a... Read more »

Timothy Denison
Timothy Denison answered on Sep 10, 2020

Yes. You’ll need to discuss and explain to the prosecutor.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Can I get an EPO on a minor?

I have a mentally ill younger brother (16) whom I witnessed yelling and assaulting my daughter, I had it on video. He also forcibly removed her from a room and yelled at her. He had hit me multiple times when I was pregnant with her, my parents manipulate him and enable his behaviors. He has been... Read more »

Timothy Denison
Timothy Denison answered on Sep 8, 2020

Yes. Go take an epo and serve it on his custodians responsible for him.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: My husband is in jail on assault 4 domestic violence charges and I have an emergency EPO. Can I drop charges. Keep EPO.

I don't want him to do jail time. I just want a non violent contact.

Timothy Denison
Timothy Denison answered on Sep 5, 2020

No. It’s up to the prosecutor now. They will likely consider your wishes of no jail. You can keep the epo regardless.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My sisterPossession of controlled substance in second degree 1st offense what does that carry for jail time

Plus he has more charges tampering with physical evidence drug paraphernalia Buy/possess 218A500(2) violation of EPO/dvo 2nd time

Timothy Denison
Timothy Denison answered on Sep 4, 2020

What is your question?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Kentucky on
Q: What is the possibility of my abusive ex getting half custody?

I live in Kentucky and my ex husband is attempting to get half custody of my 18 month old.

In February, due to past physical violence and life-threatening text messages, I got an EPO on him. When we went to court for the EPO, the judge decided on a 3 year DVO and opened up a child abuse... Read more »

Timothy Denison
Timothy Denison answered on Sep 1, 2020

In KY, initially the presumption of time between parents is now 50/50. However, that presumption can be rebutted with evidence such as you describe in your narrative above. So, assuming those evidence is substantial and can be proven, it is unlikely that he will get anything close to half.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: I need to get my epo dropped against my husband I've been making appointments for marriage counseling and domestic viole

Domestic violence counciling what can I do

Timothy Denison
Timothy Denison answered on Aug 31, 2020

Go back to court and ask the judge to make it a no unlawful contact order.

1 Answer | Asked in Animal / Dog Law, Criminal Law and Domestic Violence for Kentucky on
Q: Hello. I have an epo turned dvo on an ex boyfriend. He has started showing up and texting me that I’ve stole his dogs

I obtained the dogs legally, months after he was arrested, but before I moved out of the house we shared. Is this grounds for violating the epo? How do I report this? Is there a motion to the courts for this? Meaning will I have to go to court again to testify against him?

Timothy Denison
Timothy Denison answered on Aug 22, 2020

Those are not grounds for violating the dvo. Go to your local county attorney and file a criminal complaint for violation if an epo/dvo, which is a class A misdemeanor. They will prosecute him for the violation.

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Kentucky on
Q: Is my wife's lawyer legally obligated to submit CPS records indicating her ex-husband abused her children?

One of the children is under joint custody, and the report for one of the incidents has been substantiated by CPS (he admitted to hitting the other child - who is fully in our custody, not related to her ex - with a dog leash). The other records indicate abuse may still be present with the child... Read more »

Timothy Denison
Timothy Denison answered on Aug 21, 2020

They are confidential records but are certainly the court should know about them (especially if the CPS case was before the same court). Idk why the lawyer would not submit them or make the court aware of them unless it is possibly a matter of strategy and timing. You should ask.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: What is the best way to get 4th degree assault (domestic violence) charges dropped.

Me and my boyfriend had gotten into a altercation in our apartment and the police were called and we both were arrested and received the same charges and there are no witnesses.

Timothy Denison
Timothy Denison answered on Aug 17, 2020

Simple. You both take the 5th and neither of you can testify against the other.

1 Answer | Asked in Child Support, Criminal Law and Domestic Violence for Kentucky on
Q: i had 3 vehicles in my name that my ex refused to let me have now completely demolished. Can i get alimony from him?

My ex threatening my life and refusing me my vehicles has caused me to get behind in child support

Timothy Denison
Timothy Denison answered on Jul 27, 2020

If he is your ex, probably not. Alimony and property are usually settled at the time of divorce.

2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Kentucky on
Q: Can a dvo be reduced?

Can a domestic violence protection order be reduced by judge?

Matt Schalk
Matt Schalk answered on Jul 24, 2020

I am not sure what you mean by reduced. If a DVO has been ordered with the provision of no contact a judge can amend that order allowing for nonviolent contact.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: If an EPO has not been served yet and he is avoiding it and knows when the court date was and didn’t show can I use that

Can I use those messages against him? How does the court know he is avoiding getting served and since he has bad undiagnosed mental problems and also addiction to Meth can the court force him to get help?

Timothy Denison
Timothy Denison answered on Jul 2, 2020

Yes to all.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Why can the petitioner of an epo/dvo not get into trouble for bothering the respondent but the respondent goes to jail
Timothy Denison
Timothy Denison answered on Jun 17, 2020

Because the order is not reciprocal and only applies to the Respondent per the statute!

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