Kentucky Domestic Violence Laws

Committing an abusive act is something most of us haven’t considered doing. Inflicting one on someone we care about is even more unthinkable. Domestic violence offenses occur when people in close, personal relationships engage in certain abusive crimes between them. Kentucky law helps protect victims and deter abusers from striking again.

Whether you’re a victim, care for someone suffering abuse, or are facing charges, there’s a lot to know about domestic violence laws in Kentucky. This article will examine Kentucky‘s definition of domestic abuse, explain the protections and penalties available, and show how to navigate the legal system. Read on for a better understanding of domestic violence laws in Kentucky.

Kentucky Domestic Violence Laws: Domestic Violence and Abuse

Domestic violence is a type of offense with many names. Domestic abuse is sometimes used, and Kentucky statutes refer to it as domestic violence and abuse. No matter which name is used, domestic violence and abuse offenses consist of qualifying abusive crimes occurring between people in certain relationships. Let’s see what that entails.

Domestic Violence and Abuse in Kentucky: Family Members and Unmarried Couples

Domestic violence offenses are crimes of familiarity. An act of domestic violence and abuse in Kentucky can’t take place between two strangers. A close personal relationship between the victim and the abuser is required. Referred to as family members and members of an unmarried couple, the participants include:

• Spouses
• Former spouses
• Parents
• Stepparents
• Children
• Stepchildren
• Adult siblings
• Grandparents
• Grandchildren
• Unmarried couples who live together
• Unmarried couples who have lived together
• Unmarried couples with a child in common
• Any person living in the same residence as a minor child victim

For a crime to get domestic violence and abuse status, those involved must share one of the listed relationships. Victims who suffered dating violence or another abusive act but lack a qualifying personal relationship with the offender can get an interpersonal protective order and access other types of protection.

Domestic Violence and Abuse in Kentucky: Abusive Offenses

As with the people involved, the crime committed determines whether an offense is considered domestic violence and abuse under Kentucky law. A brother stealing his sister’s car is a crime, but not domestic abuse. The offenses eligible for domestic violence and abuse classification in Kentucky are:

• Assault
• Causing physical injury or serious physical injury
• Causing the infliction of fear of imminent physical injury, serious physical injury, sexual assault, strangulation, or assault
• Cruelty to a domestic animal the victim has a close bond of affection with, including but not limited to:
  • Cruelty or neglect
  • Dog fighting
  • Sexual crimes against an animal
  • Torture of a cat or dog
  • Causing a victim to fear any of the above
• Coercing, punishing, intimidating, controlling, or seeking revenge on a victim by threatening any of the above
• Sexual assault/Sexual abuse
• Stalking
• Strangulation

If people in a qualifying personal relationship have one or more of these acts happen between them, it’s domestic violence and abuse in Kentucky. This classification affects everyone involved. Victims gain access to special protections and programs designed to help them escape their abusers. Offenders face increased penalties, life-altering conditions, and batterer intervention programs.

Kentucky Domestic Violence Laws: Protections and Programs for Victims

It’s natural to wonder why having a crime marked as domestic violence and abuse is important. For victims, it means gaining different kinds of aid designed to provide relief and a chance at an abuse-free life.

Kentucky Domestic Violence Order of Protection (EPO/DVO)

Victims of domestic violence and abuse in Kentucky can make use of special court orders. Domestic violence and abuse orders of protection contain provisions tailored for each case. While most contain stay-away and no-contact conditions, these restraining orders can also award temporary child custody, start child support payments, and evict an abuser from a shared residence.

Petitioners (victims) should get assistance from a domestic violence advocate if possible. Petitions are filed in circuit court, family court, or district court. If the court is closed, the victim can seek an emergency protective order (EPO) through law enforcement. Adults can file for minors. Forms are available at the court clerk’s office and online.

If the court agrees that domestic violence and abuse exist, an EPO is issued. An EPO lasts up to 14 days or until a full court hearing. It becomes enforceable once served to the respondent (abuser) by law enforcement. If there’s difficulty serving the EPO, extensions of 14 days are permitted for up to six months.

If the respondent opposes the EPO, the court decides after a court hearing. Both parties can tell their side of the story, call witnesses, and present evidence. If the petitioner proves that the threat of further violence is ongoing, a domestic violence order (DVO) is issued. It lasts for up to three years and is renewable. All orders issued in Kentucky are good anywhere in the U.S. under federal law.

Understanding what an order of protection can do for a victim is crucial. We’ve dedicated an article to an in-depth examination of protective orders in Kentucky. It explains what restraining orders can do and how to get one.

Hope Cards

Some Kentucky counties have made Hope Cards available for victims with an order of protection. Hope cards list important information from an EPO or DVO on a wallet-sized card for easy access. Check with your county sheriff to see if they have a Hope Card program.

Victims and Rental Rights

Penalties and fear of a bad credit report shouldn’t keep a victim from fleeing an abuser. Victims of domestic violence and abuse can make a legal break of a lease without penalty. They must provide their landlord with at least 30 days written notice, show proof of a protective order, and pay rent until they leave.

If the abuser has been ordered to vacate by the court and the victim wishes to stay, they can change the locks at their own expense. They must give a copy of the new key to the landlord.

Safe at Home Program (ACP)

The last thing a victim who has escaped their abuser wants is to get found again. Kentucky helps avoid that through the Safe at Home program. This address confidentiality program gives victims a second legal mailing address for public records. It also forwards first-class mail to the victim’s actual address and allows them to vote without revealing their location.

Enrollment lasts for four years and is renewable. There’s no charge for Safe at Home. Application forms are available at the Secretary of State’s office, through domestic violence advocates, and online.

Global Position Monitoring

If a respondent has violated an order of protection or remains a threat to the victim’s safety, the court can amend a DVO to add monitoring through a tracking device. This is done at the expense of the respondent and lasts for the duration of the order.

Concealed Carry Permits for Victims

Victims may feel safer with a gun for protection. Petitioners with a DVO in place can apply for a concealed carry permit for a deadly weapon. Petitioners are subject to a background check by the Kentucky State Police. The concealed carry permit is valid for 45 days and is neither renewable nor extendable.

Kentucky Domestic Violence Laws: Penalties for Crimes and Violations

Abusers committing crimes considered domestic violence and abuse in Kentucky face penalties that escalate due to repeat offenses. Any act designated as domestic violence or abuse makes victims eligible for protective orders and other programs.

Assault in the 4th degree is a Class A misdemeanor. A third instance of assault considered domestic violence and abuse within five years against a member of an unmarried couple or a family member is a Class D felony. Stalking when a protective order is in place also incurs an additional Class D felony charge.

Violation of a Kentucky domestic violence and abuse protective order is contempt of court and a criminal offense. In addition to the charges for the crime committed during the violation, the violator faces a Class A misdemeanor.

Kentucky Domestic Violence Laws: Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Kentucky Intimate Violence Shelters – ZeroV
• Kentucky Domestic Violence Programs
• Kentucky Circuit Court Locator
• Domestic Violence FAQ
• Kentucky Protective Orders Laws

Dealing With Domestic Violence in Kentucky? An Attorney Can Help

Domestic violence victims deserve a chance at a life without abuse. If you’re in immediate danger of abuse, call 911. When you’re ready to escape your abuser, talk to a Kentucky domestic violence attorney.

If you’re facing criminal charges for violating a domestic violence protection order or other domestic abuse crimes, it’s a good idea to speak with a Kentucky criminal defense attorney. A skilled lawyer will examine the claims of the alleged victim, explain the domestic violence charges you’re facing, and be your advocate in court.