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J. Scott Wantland - Attorney & Problem Solver

Domestic Violence

Few things are as traumatic an EPO.  There are the sudden allegations. Often an EPO comes with a sudden separation from children. Worries like “Where am I going to live?” and “How can afford to live on my own?” are common.  Sometimes a domestic violence finding can set the tone for upcoming divorce or child custody proceedings.  For such a simple process, the consequences can be huge.
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DIVORCE      FAMILIES IN TRANSITION      CHILD CUSTODY     PROPERTY ISSUES      ALIMONY      PATERNITY      PRE-NUPTIAL     MEDIATION      DOMESTIC VIOLENCE
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Answers to Common Questions:

An emergency protective order is issued by a judge without a hearing.

 

The Court will set a hearing date (Court Date).  You’ll want to attend with your lawyer.

 

After a hearing, if a court determines acts of domestic violence occurred and may occur again, court will issue a Domestic Violence Order (DVO).

 

In Kentucky, in order to qualify for EPO protection, you must have some sort of relationship with the perpetrator: spouse, former spouse, child in common, 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. Also covered are unmarried couples that live together or formerly lived together. 

 

At the hearing you may present evidence, call witnesses, and question the witnesses used against you.  You also have the right to remain silent in many cases.

 

The court does not have to find beyond a reasonable doubt but rather “from a preponderance of the evidence” that domestic violence occurred- think more likely than not.

 

If domestic violence is found to have occurred the Court may issues a protective order, assign child custody, assign child support, order counseling, and take other steps to prevent future acts of domestic violence.

 

The Court, if a finding of domestic violence is made, will require you to surrender all firearms and your concealed carry license.
Emergency Protective Orders (EPO)