DOMESTIC VIOLENCE IN KENTUCKY.
Cooley Iuliano Robey, PLLC family law attorneys are passionate about serving the best interest of each client. If you are the party seeking a domestic violence order, it is important that you have an experienced family law attorney introduce testimony and evidence to the family court judge. Without proper introduction of testimony and evidence it is hard for the court to understand the facts of your cases and the danger you face. Without an experienced attorney on your side, you may leave the courtroom with no domestic violence order to protect you in the future.
If you are defending yourself against claims of domestic violence, it is important that you have an experienced attorney on your side. While domestic violence cases are heard by family court judges in Kentucky, these cases often cross over into criminal court where many are charged with crimes such as assault. Domestic violence orders may also have a negative impact on your ability to keep or get a job. Most importantly, if the court enters a domestic violence order, your child may be included on the order. This means you may not be able to have contact with your child for a period of time, or that your visits with your child will become supervised. The attorneys at Cooley Iuliano Robey, PLLC have vast criminal and family law experience and will advise you on every aspect of your case and will work tirelessly to keep the court from entering a domestic violence order against you.
Kentucky EPO and DVO Law.
The law pertaining to emergency protective orders and domestic violence orders is set forth in KRS 403.715-403.785 and the law pertaining to interpersonal protective orders is set forth in KRS 456.030
THE DIFFERENCE BETWEEN AN EPO, IPO AND DVO.
Emergency Protective Order (EPO). EPO’s are orders issued from the court that expire after (14) days unless extended by the court.
Domestic Violence Order (DVO). DVO’s are only issued to a person married to the accused, cohabitants with the accused or shares a child with the accused perpetrator of domestic violence. Once served with a copy of the EPO, the Respondent must be provided the opportunity for a hearing within (14) days. A Kentucky family court judge will hear testimony and take evidence to determine whether to issue a domestic violence order. Domestic violence orders may be entered for a period of up to three (3) years. Even though the court may enter the DVO for a period of three (3) years, if the parties wish to reconcile or resume contact, the court may modify the order to a no violent contact order or may enter an order setting aside the DVO upon the request of both parties.
Interpersonal Protection Order (IPO). Effective January 1, 2016, the Kentucky Legislature enacted an option for protection for those not eligible for a DVO by introduction of the IPO. If you are not eligible for a DVO because you are not married, not cohabitation or do not have children with the person accused of domestic violence, then you still may be eligible for protection by IPO. Under this statute, if you are the victim of dating violence and abuse, stalking, sexual assault or are an adult acting on behalf of a minor victim, then you may file a petition for an IPO.
LET US HELP.
If you are filing a petition for an emergency protective order or an interpersonal protective order, it is very important to speak with an attorney experienced in domestic violence matters. Failure to list information the court views as important may result in no domestic violence order or interpersonal protection order being issued. If you have just been served with a petition for an emergency protective order, your next steps must be carefully planned. It is important that you make your first court appearance with an assertive attorney who will act in your best interests. Also, it is important to understand how your behavior between being served with the petition and first court appearance could affect your future.
Cooley Iuliano Robey, PLLC pledges to work hard to protect your interests. Since this is a difficult and emotional time in your life, Cooley Iuliano Robey, PLLC promises to treat you with the care and compassion you deserve. Cooley Iuliano Robey, PLLC will do everything possible to secure a positive outcome while helping you through this trying time.
Let Cooley Iuliano Robey, PLLC see you through this confusing, emotionally charged legal process so that you can put the past behind you and move forward toward a brighter future. Call in Lexington, KY today to schedule your consultation.