CARMONA LAW

If you or a loved one are experiencing domestic violence there are many resources available to you. If you are in immediate danger, a list of resources are available here.  It is important to understand that domestic violence is an issue that can affect both men and women. If you have been the victim of domestic violence, you may wish to seek a protective order, which is designed to prevent further acts of domestic violence, dating violence, sexual assault, or stalking. In a protective order case, the victim is named as Petitioner, and the accused Respondent. In either scenario of domestic violence, call us today so that we can guide you through this difficult and often frightening process. 

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Types of Kentucky Protective Orders

In Kentucky, there are two types of protective orders: Domestic Violence Orders and Interpersonal Protective Orders. 

 

Domestic violence orders ("DVOs")are issued for:

• Family members (spouses, ex-spouses, parents, children, grandparents, grandchildren)

• Members of an unmarried couple (people who have lived together as a couple or people who have a child together)

 

Interpersonal Protective Orders ("IPOs") are issued for:

• People who are in, or have been in, a dating relationship​​

• People who have been sexually assaulted

• People who have been stalked

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Protective Order Process

If you are a victim of domestic violence, you can contact the Court in your county to seek protection from your abuser. Each county has a domestic violence intake center where victims can file for emergency protection from their abusers in the form of a court order. When you arrive at a domestic violence intake center, a court employee will take information about what happened and it will be presented to a Judge. Judges review petitions 24 hours a day, 7 days a week, and should review your petition immediately. If the judge believes that domestic violence and abuse/dating violence/stalking/sexual assault exist, the judge will issue a summons for a hearing within 14 days. If the Judge believes that there is immediate and present danger of domestic violence and abuse/dating violence/stalking/sexual assault, he or she will issue an emergency or temporary protective order.

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At the DVO hearing, the Petitioner must prove by a preponderance of the evidence that an act of of domestic violence and abuse has occurred and may occur again in order for the judge to be able to enter a protective order. During an IPO hearing, the Petitioner by a preponderance of the evidence that an act of dating violence and abuse, stalking, or sexual assault has occurred or may occur again. In both situations, a Judge may order the following:

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• Order's maximum duration: 3 years (can be reissued, but Petitioner must request);

• No contact between the parties;

• No further acts of domestic/dating violence or abuse;

• Temporary child support and custody orders; and

• Domestic violence classes or counseling

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Furthermore, when a Judge enters domestic violence order (but not in interpersonal violence cases), a federal gun prohibition usually applies automatically against Respondent.

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Whether you are the Petitioner or the Defendant in a Domestic Violence, case the attorneys at Carmona Law can help. We can represent you during the hearing by presenting evidence to the Judge to tell your side of the story. At Carmona Law, we also handle criminal cases and can represent you if criminal charges emerge from the altercation. When you are a defendant in a domestic violence case it is extremely important to be represented by an attorney will criminal experience who can protect your rights. Our attorneys can advise you of your rights

in regards to testifying and how your testimony may be used outside of the hearing.