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Tag: #EPO

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.

Can I Expunge an EPO or DVO?

Posted on March 14, 2017 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky

QUESTION:

Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I’m unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a “trusted” guy in some eyes?

LAW:  There has recently been a change to allow for expungements AT ALL.

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

ANSWER:  Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record.  Send letters and lobby your legislators to pass laws that would allow for expungement of these things.  Often these are filed to gain an advantage in a custody case and without any real proof or evidence.  The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is “only a civil case” that it has no effect.  Obviously, it DOES affect a persons rights as well as their perception by potential employers  Your case is exactly why it is needed.

If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453) and schedule an appointment or email at mwbouldin2@gmail.com.

 

New Year, New EPO & DV Laws

Posted on February 19, 2016 in General Criminal Law Issues - Northern KY

The Kentucky law on Emergency Protective Orders (EPO) and Domestic Violence (DV) has been expanded.  Since beginning of time (or at least as long as I’ve practiced law).

Effective January 1, 2016 the laws in Kentucky regarding EPO and DV have been amended and expanded.

The new law allows anyone who has been a victim of domestic violence or abuse to apply for and receive a Protective Order.

KRS 403.725 states:  Petition for order of protection — Venue — Verified contents — Concurrent jurisdiction — Protocols for access and supplemental jurisdiction — Referral.
(1) A petition for an order of protection may be filed by: (a) A victim of domestic violence and abuse; or (b) An adult on behalf of a victim who is a minor otherwise qualifying for relief under this subsection.
(2) The petition may be filed in the victim’s county of residence or a county where the victim has fled to escape domestic violence and abuse.
(3) The petition shall be verified and contain: (a) The name, age, address, occupation, residence, and school or postsecondary institution of the petitioner; (b) The name, age, address, occupation, residence, and school or postsecondary institution of the person or persons who have engaged in the alleged act or acts complained of in the petition; (c) The facts and circumstances which constitute the basis for the petition; (d) The date and place of the marriage of the parties, if applicable; and (e) The names, ages, and addresses of the petitioner’s minor children, if applicable.

Under the previous law, only certain individuals were eligible for protection under an emergency protective order.  Those were: family, persons with a child in common, persons living together.

If you have been charged with Domestic Violence or are a victim of domestic violence, you should first discuss and have an attorney represent you in court.  You are entitled to representation of your choosing, however because it is considered a civil case, you are not entitled to a free public defender.  For consultation in Northern Kentucky, call the Bouldin Law Firm and schedule an appointment with Michael Bouldin.  Call 581-MIKE, that is 859-581-6453.

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Who Can File a DVO or an EPO?

Posted on April 22, 2015 in General Criminal Law Issues - Northern KY

Kentucky law allows for certain persons to be granted protection pursuant to the statute on EPO, or Emergency Protection Orders or the more permanent DVO, Domestic Violence Orders.  KRS 403.725 outlines those that have authority to file EPO/DVO

Any family member or member of an unmarried couple who is a resident of this state or has fled to this state to escape domestic violence and abuse may file a verified petition in the District Court of the county in which he resides. If the petitioner has left his usual place of residence within this state in order to avoid domestic violence and abuse, the petition may be filed and proceedings held in the District Court in the county of his usual residence or in the District Court in the county of current residence. Any family member or member of an unmarried couple who files a petition for an emergency protective order in District or Circuit Court shall make known to the court any custody or divorce actions, involving both the petitioner and the respondent, that are pending in any Circuit Court in the Commonwealth. The petition shall also include the name of the court where filed. (2) Any family member or any member of an unmarried couple, as those terms are defined in KRS 403.720, may file for and receive protection under KRS 403.715 to 403.785, notwithstanding the existence of or intent to file an action in the Circuit Court by either party under the provisions of this chapter. (3) A petition filed pursuant to subsection (1) of this section may be filed by the family member or member of an unmarried couple seeking relief or by an adult family member or member of an unmarried couple on behalf of a minor family member.

KRS 403.720 identifies and defines what is a “Family Member” and “Unmarried Couple.” “Family member” means a spouse, including a former spouse, a grandparent, a parent, a child, a stepchild, or any other person living in the same household as a child if the child is the alleged victim.  “Member of an unmarried couple” means each member of an unmarried couple which allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together or have formerly lived together. 

If you have been charged with an EPO and are facing a DVO hearing, these are civil hearings with potential criminal ramifications.  You may also be charged with Assault or Domestic Violence, which is a separate criminal charge.  If facing such charges, you should retain legal counsel.  For a consultation in Northern Kentucky, call Bouldin Law Firm and speak to Michael Bouldin at mwbouldin2@gmail.com or call 859-581-6453.

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50 Shades of Grey and Kentucky Law

Posted on February 17, 2015 in General Criminal Law Issues - Northern KY

50 Shades of Grey is the most wildly popular book and now movie in years, and perhaps ever. Why would a divorce law blog post be written in response to this success?  In short, the question I’ve been asking myself is whether a non-disclosure and consent contract would hold up in court.

Interesting question.  You can consent to a boxing match, however it must be sanctioned by a regulatory authority.  Can you consent to illegal acts?  No.  Can you consent to assault?  Hmmmm, probably not.  There is no “consent” language in the definition of assault.

508.010 Assault in the first degree. (1) A person is guilty of assault in the first degree when: (a) He intentionally causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument; Assault is a Class B felony.

Can you consent to sodomy?  Kentucky law makes clear that any consent must be signed between adults over the age of 18 years.  There are various ages of consent depending on the age of the “defendant” and the age of the “victim.”  I put the words in quotes because it is obvious that by signing the contract they are consenting, however under criminal law the terms fit.

Kentucky law criminalizes intercourse between two gay persons:  KRS 510.100 Sodomy in the fourth degree. (1) A person is guilty of sodomy in the fourth degree when he engages in deviate sexual intercourse with another person of the same sex. (2) Notwithstanding the provisions of KRS 510.020, consent of the other person shall not be a defense under this section, nor shall lack of consent of the other person be an element of this offense. (3) Sodomy in the fourth degree is a Class A misdemeanor.
510.010 Definitions for chapter. The following definitions apply in this chapter unless the context otherwise requires: (1) “Deviate sexual intercourse” means any act of sexual gratification involving the sex organs of one person and the mouth or anus of another; or penetration of the anus of one person by a foreign object manipulated by another person. “Deviate sexual intercourse” does not include penetration of the anus by a foreign object in the course of the performance of generally recognized health-care practices;

Another concern is if you engage in this type of risky sexual behavior that your partner may file for an EPO/DVO, domestic violence order or that criminal charges may be forthcoming.  While it may appear initially defensible, suppose that the partner might tell the police that they used the safe word and you do not.  This then may become a case of “he said/she said” similar to a date rape.  By engaging in BDSM you are placing yourself in a perilous position where you may be exploited or criminally charged.

I must admit that while I have drafted prenuptial agreements, anti-nuptial agreements, and non-disclosure agreements, I have never drafted a sex agreement between consenting adults such as that proposed by Christian Grey in 50 Shades.  Here is the text link.

If you have questions or you have been charged with EPO/DVO or a crime, contact Michael Bouldin at 859-581-6453 or email at mwbouldin2@gmail.com.  Bouldin Law Firm handles cases of family law and criminal law.

 

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What Is A4/DV in Kentucky?

Posted on February 5, 2014 in Uncategorized

A4/DV is shorthand for the charge of Assault, 4th Degree and DV is shorthand for Domestic Violence.  It is defined in Kentucky Revised Statutes §508.030 as follows:

KRS 508.030 – Assault in the fourth degree.
(1) A person is guilty of assault in the fourth degree when:
(a) He intentionally or wantonly causes physical injury to another person; or
(b) With recklessness he causes physical injury to another person by means of a deadly weapon or a dangerous instrument.
(2) Assault in the fourth degree is a Class A misdemeanor.

As a class A misdemeanor, the crime of Assault 4 is punishable by up to 12 months in county jail and/or $500 fine, in addition to court costs.  The defendant may also be made to pay restitution if there are any out of pocket expenses or medical bills of the victim.  Assault 4th may or may not be against a significant other, in which case the DV actually makes sense.

If you are charged with A4/DV, you need to hire an attorney.  In Northern Kentucky, contact Bouldin Law Firm at 859-581-6453 (581-MIKE) for a consultation.  

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