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Kentucky Domestic Violence Questions & Answers
2 Answers | Asked in Adoption, Domestic Violence and Family Law for Kentucky on
Q: My daughters biological father is mentally unwell. He refuses medication or therapy…was in a domestic dispute around my

Daughter in July of 2021. He has not had contact since, and my daughter has attended therapy and has shown act of ptsd/trauma. She is just under 3. Can I have his rights terminated and/or have her adopted by my now fiancé? Thanks!

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jan 13, 2022

You can certainly take this matter to court and ask for sole custody. Terminating his rights against his wishes will be very difficult and typically not done unless a person goes to prison or they are extremely dangerous.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Kentucky on
Q: I was mentally abused by my ex but I did not know what was happening. I can't work can I sue him for loss of income?

I was mentally abused by my ex husband who is a retired military veteran 20 years. We dated for 2.5 years and were married for 25 years and divorced now 7 years. I did not know that he was mentally abusing me till a couple years after I left him. I went through severe depression and almost died.... View More

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Jan 7, 2022

Unless you waived all claims against him In your divorce agreement you could sue him for abuse however if you sue him outside of the family court context you would have to allege a viable claim In tort .. and it would have to fall within the Kentucky statute of limitations which would normally run... View More

2 Answers | Asked in Domestic Violence for Kentucky on
Q: Can ex husband be charged for saying he’s going to take out my whole family?

Messages like this has been going on for years, but the last strain of messages came with a video, it was of s my ex feeding a dog then moves the camera away and you hear a gunshot and just get a glimpse of the dog again , but he’s clearly sending the message that he’s going to kill us like he... View More

Timothy Denison
Timothy Denison
answered on Dec 19, 2021

Yes. Those threats are actionable. Pursue them in court and Take some gun safety classes and buy yourself a firearm.

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: I have a DVO. Is there a way to dismiss it or make a change, in regards to no contact in the state of Kentucky?

I was informed by someone that the respondent has moved on with another and is getting married.

Timothy Denison
Timothy Denison
answered on Nov 10, 2021

You can file a motion to modify it with the Court to address these issues.

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Kentucky on
Q: Can my husband lock me out the day after I leave because he scared me so bad I fear for my life? I have 2 small kids

I have gave him 5000 cash towards 1000 to get my name on the deed. I bought paint flooring insulation paneling back splash and a new toilet plus did half the work fixing and installing everything

Anna Aleksander
PREMIUM
Anna Aleksander
answered on Sep 25, 2021

No. If a spouse in KY threatens their spouse with imminent harm such that the spouse if forced to leave their home for their safety, that spouse may seek a protective order and possibly regain access to the marital home that way. If granted, it would restrain the abusive spouse from coming near.... View More

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: If I am eligible to expunge a domestic violence misdemeanor , how long does the process take?
Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 20, 2021

You would be eligible if the charges are dismissed. If they have been dismissed you may hire an attorney or go to the clerks office to file the paperwork 60 days after dismissal.

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Kentucky on
Q: My husband and I have been apart for 11 months. I let him visit kids for 3 days at their grandmothers home in KENTUCKY

Kids & I lived since separating September 2020 in Arkansas

.

Timothy Denison
Timothy Denison
answered on Sep 14, 2021

What is your question?

2 Answers | Asked in Domestic Violence for Kentucky on
Q: His public defender quits the public defenders office. The defendant is in jail and can’t find any court dates.

Lawyer was going to see about getting case thrown out and now we have no idea what’s going on. When he called another lawyer they looked and he has no scheduled court dates for this case, but told him $1500 and he would get him a court date. We don’t have the funds for that right now so what... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Sep 4, 2021

I am not sure what you’re asking. If a lawyer couldn’t find his name there may be a misspelling or a different first or last name that it’s under. If a public defender quits the office you can always hire a private attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: My boyfriend had an epo issues against him &violated the order 08/06 &was arrested but just got served the papers today

My boyfriend just got served the papers today 08/10 but got arrest for violating the epo on 08/06 even though he was not served the papers .

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Aug 10, 2021

I don’t understand your question? It typically takes a few days to serve papers on someone

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1 Answer | Asked in Domestic Violence for Kentucky on
Q: My boyfriend is in jail for violation of a epo it’s been dropped it’s says not being held on this charge what’s going on

The epo has been dropped the day after he went to jail and it says he’s not being held on this charge but yet in another section says it’s pending that’s all he was charged with was the violation and he has no court date

Timothy Denison
Timothy Denison
answered on Aug 5, 2021

The violation of an epo charge is a criminal charge. Even if the civil epo case was dropped, that does not mean the criminal violation of an epo charge has been dismissed.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Will me not getting an epo affect abusers sentence?

I asked about my ex getting a 1st degree strangulation charge a few days ago. When he went to jail I told the police I didn't want to worry about the epo, I just wanted to get my things and leave. But I'm wondering if me not getting it will make the court think differently than if I had... View More

Leland Hulbert
PREMIUM
Leland Hulbert
answered on Jun 22, 2021

If there are pending criminal charges that is much more serious than an EPO. The court and the prosecutor will not drop or lower the charges just because you didn’t file for an EPO.

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1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: I live with my mom and step dad I have for a year I help help pay rent and if I get a epo on my stepdad in the state ky

Will he have to leave

Timothy Denison
Timothy Denison
answered on Jun 20, 2021

Most likely, yes.

1 Answer | Asked in Domestic Violence for Kentucky on
Q: Someone got arrested for domestic violence 4th, strangulation, and 2 failures to appears what is to expect to happen?

This is first time ever being arrested. Failure to appears result from back child support and not going to court. What is the punishment going to be? Will they drop from a felony?

Timothy Denison
Timothy Denison
answered on Jun 14, 2021

Probably a plea to misdemeanor assault and if they have a good lawyer, diversion.

1 Answer | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: In Kentucky can a harassment charge be dropped? Physical contact, no injury.. hearing coming up in a month

Boyfriend and I got in a fight. He tripped me. I pushed him in defense. He tackled me. I told him to get out. From there it turned into a mess of me panicking thinking he was going to hurt me and restraining him. Police came. Arrested no one. He said I choked him. Police noted no physical marks on... View More

Timothy Denison
Timothy Denison
answered on Jun 14, 2021

Dropping the charge is solely up to the prosecutor snd usually unlikely to happen in a domestic violence case.

2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: Just found out about a warrant for non-payment of fines on criminal case. What do I do
Timothy Denison
Timothy Denison
answered on Jun 7, 2021

If you pay the fines, they will recall the warrant.

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2 Answers | Asked in Domestic Violence for Kentucky on
Q: Is it a violation of code of ethics for lawyer to start sexual relationship with client after being hired?

The state of Ky charged my ex-bf with assault and wanton endangerment. He hired a lawyer who's also a state senator, began sleeping with her, provided a new vehicle for her to drive, and she's basically living with him. My ex was arrested for violating our DVO and she bailed him out..... View More

Timothy Denison
Timothy Denison
answered on Jun 1, 2021

Yes.

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2 Answers | Asked in Criminal Law and Domestic Violence for Kentucky on
Q: How can I get my boyfriend's assault 4th and strangulation 1st dropped in Kentucky? He was on drugs when it happened.

He's been in jail now for a month and has been taking classes for anger and drugs. He's clean and going to go to rehab once he gets out of jail.

Timothy Denison
Timothy Denison
answered on May 29, 2021

It’s solely up to the commonwealth whether the charges get dropped. That isn’t likely to happen.

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1 Answer | Asked in Adoption, Child Custody, Domestic Violence and Sexual Harassment for Kentucky on
Q: If my girlfriend has an open cps case against her parents can they give their parental rights to my grandmother?

She is 16, I am 17, and my grandma has already talked to the social worker and said that would work, but her parents just now decided they would go through with it and I dont know if they will hold onto that. So if they do then how long would it take before my girlfriend lives with my grandma? If... View More

Timothy Denison
Timothy Denison
answered on May 18, 2021

No.

1 Answer | Asked in Child Custody and Domestic Violence for Kentucky on
Q: My grand daughter custody is shared by both parents. The mother is in a domestic violence situation. What can the dad

And grandparents do? The child has not been harmed physically but there is neglect and witnessing violence

Timothy Denison
Timothy Denison
answered on May 10, 2021

File a motion for change of custody in the divorce action.

2 Answers | Asked in Child Custody and Domestic Violence for Kentucky on
Q: How to get a child out of a parent home that there is domestic violence . Can grandparents petition court
Leland Hulbert
PREMIUM
Leland Hulbert
answered on May 10, 2021

A parent can file an EPO at the county attorneys office if he or she believes their child is in danger. You can also contact CPS to investigate the matter but that is much longer process.

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