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What If I Don’t Qualify to Expunge a DVO?

Posted on March 30, 2017 in General Criminal Law Issues - Northern KY

I recently posted the standards for expunging an EPO/DVO.  See LINK.

If you do not qualify, you shouild write a letter to your state

Write your state representative.  I have done so and have encouraged clients, readers and potential clients to do the same through this website.  Let me again try to incite action!

There is a House of Representative and State Congressman in your district.  Look it up online in Kentucky by following this LINK.  Tell him/her how the laws on protective orders are unfair and negatively impact your life.  You can have a EPO or DVO against you even if you never did anything. The large majority of EPOs and DVOs never relate to any charges or criminal convictions.  Point out that the Defendant/Respondent loses valuable constitutional rights:  the hearings are held without the right to an attorney, without discovery, without the right to a jury trial and the burden of proof is not beyond a reasonable doubt.

Additionally, the judges often opt in favor of protection instead of actually listening to the evidence and seeing what is provided.  A mere allegation of a threat or fear, regardless of whether the fear is rational, is sufficient to many judges in Kentucky.   Since they are elected, Judges often make decisions based on “what ifs” in case there is ever a problem how will it look to potential voters in the next election.

There have been recent changes to allow for expungements of EPOs, but it remains incomplete. 

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, “expungement” has the same meaning as in KRS 431.079.

Effective: January 1, 2016

If you have questions or concerns and need legal assistance, contact Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com.