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Domestic Violence and Emergency Protective Orders in Kentucky

Posted on October 18, 2012 in General Criminal Law Issues - Northern KY Uncategorized

In Kentucky the Emergency Protective Orders (EPO) are temporary orders  of protection which will lead to a Domestic Violence hearing.  The EPO is granted based only on the sworn statement of the victim.  The domestic violence hearing is intended to allow both parties to be present and present evidence prior to granting a more permanent Domestic Violence Order (DVO).

Domestic Violence Orders can initially be issued for up to 3 years.  They can also be extended in three (3) year increments but only if the Petitioner requests extension prior to the DVO expiration.  In the extension, the Petitioner must allege grounds for the DVO to continue.  The initial grounds of the DVO are insufficient for an extension without any new allegations or violations.

A DVO is not a criminal charge.  There are times when a separate criminal charge of assault is filed together with the DVO, but the EPO/DVO itself is not a criminal charge.  If an DVO is granted, the Defendant does not have a criminal conviction.  I’m often asked why a DVO will show up on a criminal background check and the simple answer is, “because it does.”  A DVO is a civil claim and the judge does not have authority to issue fine or jail sentence if granted, absent a separate criminal conviction.

A DVO can and does significantly limit a person’s civil liberties and rights.  If a DVO is granted, the Defendant cannot own, possess or carry firearms, deleting your second amendment right to bear arms.  Further, the defendant is often precluded from being within 500 feet of the victim, which abridges your first amendment rights of association.  The defendant is also not allowed to be near the Plaintiff/Petitioner during the term that the order is issued.  This may prevent them from being at their own home or place of employment.

If you have not committed domestic violence, it is urged to challenge the issuance of any order.  The best way to challenge is to hire an attorney who regularly handles these types of actions.  Even though they are not criminal, many criminal lawyers routinely handle DVO hearings.  Also, many family practitioners handle DVO hearings whether or not they practice criminal law.  There is no prosecutor and often litigants appear unrepresented.  If you have questions about an EPO and are facing a DV hearing, contact an attorney to know your rights.  For a consultation in Boone, Campbell or Kenton counties, call Michael Bouldin at 859-581-6453 or email at mike@bouldinlawfirm.com.  Call 581-MIKE today.

6 thoughts on “Domestic Violence and Emergency Protective Orders in Kentucky

  • I was delivered these DVO’s & Restraing orders on this past Friday evening, with my appearance to be at 8:30 AM, before the courts regular hours that begin at 9:00 AM, on this Monday- yes tomorrow! This appears to be quite a deviation from the norm. Any Ideas or advise would be greatly appreciated…..Since all the allegations are false, yet the petitioner has actually used the allegations that he has committed against me in the past few months…….
    GodSpeed -Kim

  • mbouldin says:

    Try to go in as ready as possible. If you cannot be prepared, you can request a continuance. The court is required to hold a hearing within 14 days of service, so they are always on relatively short notice. Sorry that the response was not immediate.

  • Michael Crawford says:

    I was given a EPO against me on Friday. This was done by my wife after I had came home arguing with her Thursday night. We are already in the process of separating, we are just waiting for our individual apartments to be ready and still living together. I did not touch her at all but may have said things out of anger, if she was granted a EPO it should have been based on imminent danger of physical harm. This was not the case, she remained at home that night and did not even call the police or attempt to leave. The next day she got up and went and took out the EPO on me. I feel that this EPO was issued in error and she is using the system to get me out of the apartment. What can be done to be able to move back into our apartment, it is a section 8 property and now I can’t even get a voucher from section 8 for me to move somewhere else. My income is limited based on the fact that I am disabled and receiving SSI.

  • Michael Bouldin says:

    You cannot move back in until after the hearing which is set within the next 13 days. Your wife can dismiss at that time. If she does not, you will need to contest the granting of a DVO. You would be wise to hire an attorney to represent your interest at that hearing.

  • Nichole says:

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  • Michael Bouldin says:

    Thank you for the kind words about my website and I hope the information is helpful.

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