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Domestic Abuse

If you are a victim of domestic violence you should consider taking steps to protect yourself and your children from further acts. Special statues exist in Kentucky that allow victims of domestic violence to obtain protective civil no-contact orders. These laws should not be thought of as a way to gain the advantage in divorce, and are not a quick way of handling custody disputes.

What is an Emergency Protective Order ("EPO")?

Violence is all too often a component of highly contentious divorce and custody proceedings. It is a serious offense against the individual, against the family, and is detrimental to the entire community. You can obtain an order of no-contact, called an Emergency Protective Order ("EPO"), by contacting the domestic violence intake center at your local county courthouse. You do not need an attorney to obtain an EPO.

An EPO is issued under KRS 403.740 without a hearing once an allegation of domestic violence is made, and is effective immediately and for up to fourteen (14) days. An EPO is temporary because the other party does not have an opportunity to respond when the allegation of abuse is made. A date is then set where both parties must be present and may be represented by an attorney. The Judge will consider the allegations made when the EPO was sought, the testimony of both parties, as well as and any other evidence that the parties wish to present.

What is an Domestic Violence Order ("DVO")?

If the court finds that violence has occurred and is likely to reoccur, a Domestic Violence Order ("DVO") will be issued. A DVO is valid for up to three years, is frequently accompanied by an order to attend Domestic Violence Offenders Treatment ("DVOT") programs, and may also be accompanied by other temporary orders including orders for child support. The perpetrator of domestic violence will be ordered to surrender firearms and will be registered on police alert systems to aid in the enforcement of protective orders.

What is the effect of a protective order?

In addition to the temporary orders described above, the court may issue various other orders to accommodate each individual case. The court may order the perpetrator of domestic violence to vacate the home if both parties reside there. The court may cut-off parenting time if there are children, however, temporary visitation arrangements are frequently provided for if it is established that continued contact is in the best interests of the children. Property matters beyond personal effects are not normally resolved in EPO/DVO cases but you should seek advice of counsel if this is likely to be a problem in your individual situation.

A DVO or an EPO is only a civil order but the violation of that order is a separate offense in and of itself and may result in serious criminal charges brought against a party. A party protected by an EPO/DVO should have and understand a safety plan and be prepared to contact authorities immediately if an order is violated. Similarly, if you are restricted by an EPO/DVO, you should fully understand your rights and obligations before taking any uncertain steps that may have disastrous and long lasting consequences.