Domestic violence and your rights Shepherdsville, Louisville | Wantland Law Wantland Law » Domestic Violence

Domestic Violence

Even though it is considered a civil proceeding, a domestic violence allegation may still show up on certain background searches. This allows employers and potential employers the ability to see it. There is no provision to expunge or otherwise remove an emergency protective order (EPO) and domestic violence order (DVO) from your criminal record regardless of the frivolous nature of the allegations or result of the proceedings. Many employers may terminate employment or chose not to hire employees who have a DVO. A domestic violence finding may have very grave consequences; thus if someone files an EPO/DVO against you, it is critical that you seek counsel immediately.

If the court upon petition determines that the allegations contained therein indicate the presence of an immediate and present danger of domestic violence and abuse, the court shall issue, emergency protective order. This order will:

  • Restraining the adverse party from any contact or communication with the petitioner except as directed by the court, this include the petitioners place of work
  • Restraining the adverse party from committing further acts of domestic violence and abuse
  • Restraining the adverse party from disposing of or damaging any of the property of the parties
  • Directing the adverse party to vacate the residence shared by the parties to the action
  • Enter other orders the court believes will be of assistance in eliminating future acts of domestic violence and abuse; or any combination thereof

A Domestic Violence Order (DVO) may be issued during a full hearing. A DVO is effective as long as ordered by the judge, but for no longer than three years. The conditions of a DVO vary and may include:

  • No contact or communication with the petitioner
  • Dismissal of the case
  • Stop abuse and threats
  • Do not dispose or damage any property
  • Respondent must leave the residence you share
  • Temporary custody of children
  • Temporary child support
  • Required counseling for respondent, you, or both
  • Any other relief the court sees fit

These order are not reciprocal for the person making the allegation.

Kentucky law allows victims with Domestic Violence Orders (DVO) to be notified if the person their protective order is against tries to buy a gun or similar weapon. Federal law also prohibits persons convicted of qualifying crimes of domestic violence from ever possessing a firearm again. The crime must have been one involving the use or attempted use of force or threatened use of a deadly weapon. Additionally, the crime must have been committed by a spouse, former spouse, parent, guardian, or one who lives or has lived as a spouse, parent or guardian to the victim.

A DVO can force the respondent from their home and their right to see their spouse and/or children may be severely restricted, if not prohibited. A DVO will also be taken in consideration when a final custody judgment is being determined if a divorce or a change in child custody is sought. This will decreasing the respondent’s chances of having custody or visitation with their children. Don’t let this happen to you, contact WANTLAND LAW, PLLC now.

For more information on specific family law matters please see the individual pages.

Domestic violence in unacceptable. If you are in a violent relationship please seek help immediately.


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