Does an EPO/DVO Go On My Criminal Record?

by on February 6, 2010

In Kentucky, an EPO or a DVO is technically considered a civil action. A person charged with an EPO (Emergency Protection Order) should seek legal representation as there are many criminal consequences if it becomes a permanent DVO (Domestic Violence Order).

Defendants are often confused about the process of an EPO/DVO and there are often criminal charges that are filed at the same time as the DVO. This is confusing because there are many times that there are both the civil DVO hearing as well as criminal charges of Assault 4/DVO. If there are severe injuries, there may be a more serious criminal charge of felony assault. While the DVO itself is civil in nature, the charges of Assault are undoubtedly criminal.

Ironically,even though it is considered civil, a DVO still shows on a criminal record search. Employers, court personnel and any nosy people can search your background and see if an EPO has been filed against you or if a DVO has been granted. Moreover, there is currently no provision to expunge or otherwise remove an EPO/DVO from your criminal record regardless of the allegations or result.

If someone files an EPO/DVO agaisnt you, it is imperative that you seek counsel immediately as there will be a court hearing scheduled within 14 days. In Campbell, Kenton and Boone counties, contact Michael W. Bouldin at 859-581-6453 or mike@bouldinlawfirm.com.

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