Kentucky Family Law on Domestic Violence

It’s difficult to comprehend how domestic violence can exist. Abusive acts between people who are supposed to depend on and trust one another are unfathomable, yet domestic violence crimes are very real. Kentucky uses protections and programs to help victims escape their abusers and find a better life.

Dealing with domestic violence and abuse issues isn’t easy. It remains an unignorable problem in Kentucky. There’s a lot to know, and domestic violence victims don’t always have the time or safe surroundings to do research. To help, we’ve answered frequently asked questions about domestic abuse in Kentucky. Read on to learn about domestic violence under family law in Kentucky.

I’ve always heard it called domestic violence, but Kentucky uses domestic violence and abuse. Which is correct?

Most advocate groups use domestic violence. Domestic abuse also sees usage. Kentucky‘s statutes contain domestic violence and abuse, including the legal definition. Use of any of these terms will be understood and is somewhat interchangeable in a general sense. For anything involved with the Kentucky legal system, sticking to “domestic violence and abuse” is your best bet.

What does Kentucky consider domestic violence and abuse offenses?

Offenses considered domestic violence and abuse in Kentucky operate under a specific definition. To qualify, a crime from a narrow subset of abusive acts must occur between people sharing certain personal relationships. A crime between strangers won’t qualify, nor will a grandchild stealing from a grandparent. A prosecutable crime may have occurred, but it isn’t considered domestic violence and abuse.

Domestic violence and abuse classification requires the fulfillment of both requirements. Potential participants are either family members or members of an unmarried couple. These include:

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

If people sharing one of these relationships have one of the following crimes occur between them, Kentucky considers it domestic violence and abuse:

• 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
  • Torture of a cat or dog
  • Sexual crimes against an animal
  • Dog fighting
  • 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

Domestic violence and abuse labeling is important for multiple reasons. Domestic violence and abuse offenses can carry enhanced penalties for abusers. Victims receive access to specialized protections and different types of programs designed to help them escape their abusers.

What sort of penalties come with domestic violence and abuse offenses?

Kentucky doesn’t use one catch-all offense for domestic violence and abuse crimes. Offenses can have enhanced penalties if considered domestic violence and abuse. Any crime with the classification allows a victim access to Kentucky orders of protection. These use penalties to deter abusers from striking again.

Kentucky law increases punishments for repeat offenders. Assault in the fourth degree is a Class A misdemeanor. Any instance of assault above the second within five years against a family member or member of an unmarried couple is a Class D felony.

My abuser started hitting me, and I fought back. Will law enforcement believe I was defending myself?

Kentucky law enforcement officers receive special training for a number of situations. This includes domestic violence calls. A responding police officer will assess the situation and, if domestic violence and abuse are evident, arrest the primary aggressor. A history of domestic abuse is taken into account.

I can’t stay with my abuser any longer. What’s the best way to leave?

First and foremost – if you are being abused or in fear of imminent abuse, call 911. A police officer will give the victim information about nearby shelters and, if the courts are closed, can begin the process for an emergency protective order (EPO).

Being prepared is a big advantage. If possible, reach out to a domestic violence advocate in your area. Advocates have extensive experience dealing with domestic violence and abuse victims. They can help find you a safe place to stay and show you what to do next.

Having a safety plan in place is also an excellent idea. Safety plans gather important information like contact numbers and account numbers in one place. They include options for contingencies you may run into during your escape. Advocates can assist you with creating one. Talking to a Kentucky domestic violence attorney is also a good move.

What’s going to stop my abuser from coming after me?

Special court orders called orders of protection are available for victims of domestic violence and abuse in Kentucky. They use provisions tailored to each victim’s needs. Stay-away and no-contact conditions are common inclusions in these restraining orders. They can address issues such as child support, child custody, and evicting an abuser from a shared domicile.

Petitions are filed in circuit, family, or district court. Petitioners (victims) should try to get assistance from a domestic violence advocate. If the courts are closed, a law enforcement officer can start an application for an emergency protective order (EPO) on behalf of the victim. This can provide immediate relief.

Adults can file for minors. Forms are available online and at the office of the court clerk. If a judge agrees that domestic violence and abuse exist, an EPO is issued. It lasts up to 14 days or until a full court hearing. The EPO becomes enforceable once served to the respondent (abuser) by law enforcement.

A court hearing is necessary before a permanent order is issued. Both parties can tell their side of the story, present evidence, and call witnesses. A domestic violence order (DVO) is issued if the petitioner proves that the threat of further violence is ongoing. A DVO lasts for up to three years and is renewable. Orders issued in Kentucky are good anywhere in the U.S. under federal law.

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

Kentucky orders of protection are a powerful tool for victims. FindLaw has an entire article with an in-depth examination of Kentucky protective orders. Knowing what they can do and how to get one is a huge advantage.

I got an emergency protective order. Should I go nail it to my abuser’s door?

Under no condition should a victim ever serve an EPO to their abuser. Law enforcement will handle the service process. If they can’t serve it within 14 days, the court will extend the EPO for another 14 days. If the respondent isn’t served in six months, the EPO expires.

My abuser has guns. A lot of guns. Does my DVO force them to surrender them?

Unlike most other states, Kentucky has no provision that compels an abuser to surrender their firearms while under a protective order. A license to carry a concealed deadly weapon can be suspended for the duration of a DVO in Kentucky.

If your abuser is your spouse or former spouse, federal law may be applicable. Spouses or those in dating relationships convicted of domestic violence offenses must surrender all firearms for the duration of the protective order.

Someone told me victims with a DVO can get a gun special carry permit in Kentucky. Is that true?

It is. Petitioners with orders of protection for abusive crimes can get a concealed carry permit for a deadly weapon. All applicants are subject to a background check conducted by the Kentucky State Police. If granted, the temporary permit lasts for 45 days. It’s neither extendable nor renewable. Conversion to a license is possible if the petitioner meets the firearms safety training requirement.

My abuser has been stalking me and hanging out near my house. The police can’t catch them in the act. What options do I have?

A police officer can talk with them and tell them to stop. If they have probable cause to believe a protective order has been violated, they can make an arrest. Victims can also petition the court to amend the DVO to include global position monitoring. If so ordered, the respondent is responsible for the cost of the system.

My abuser was ordered to vacate our apartment. Can I change the locks even if the landlord says I can’t?

The landlord is breaking the law if they tell you not to change the locks. Kentucky law gives you the right to change locks at your own expense. If you’re leaving instead, you can break the lease without penalty with 30 days written notice and proof of your protective order. You are liable for rent until you leave.

I found a new place to live, and I don’t want my abuser to find me. Is that possible?

Kentucky‘s Safe at Home Program was created for this. The address confidentiality program provides participants with a second legal mailing address for public records. It also keeps your address hidden for voting purposes. First-class mail is forwarded to your actual address. There’s no charge for the Safe at Home Program.

I don’t want to be around when my abuser makes bail. What can I do?

In most instances involving domestic violence and abuse charges, no-contact and stay-away orders are part of any bail conditions. For further ease of mind, Kentucky‘s VINE (Victim Information and Notification Everyday) Program alerts victims if and when their abuser is released from custody.

I’m divorcing my abuser. Will their domestic violence charges affect the proceedings?

Kentucky is a no-fault divorce state. No reason aside from the irretrievable breakdown of the marriage is necessary. If there’s been a finding of domestic violence and abuse, the court waives any mediation requirements unless the victim wants it as an alternative to the issuance of a restraining order.

Will my abuser’s domestic violence and abuse conviction affect the custody of our children?

Courts operate on the basis of acting in the best interests of the child. In most instances, that means having both parents involved in the raising of their children. If domestic violence and abuse are present, the court considers them when determining custody and visitation rights. Abusers can improve their standing with the completion of a domestic violence treatment, counseling, or program.

Resources for Kentucky Domestic Violence and Abuse Victims

• Crafting a Safety Plan
• Kentucky Shelters and Domestic Violence Programs
• How To Obtain a Kentucky Protective Order – Kentucky Courts
• Domestic Violence Resources – ZeroV
• Find Your Kentucky Court

Kentucky Family Law on Domestic Violence: Additional Research

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Domestic Violence: Order of Protection and Restraining Orders
• Domestic Violence FAQ
• Kentucky Protective Orders Laws
• Batterer Intervention Programs
• Kentucky Domestic Violence Laws

Need Help With Domestic Violence and Abuse Under Kentucky Family Law? Speak to an Attorney

Nobody should spend their life having to suffer domestic violence and abuse. When you’re ready to escape your abuser, talk to a Kentucky domestic violence attorney. Having a skilled lawyer on your side if you decide to sue your abuser for damages is a necessity.

If you’re facing criminal charges for committing acts of domestic violence, you’re going to need a Kentucky criminal defense attorney. Their experience with domestic violence cases allows them to examine the claims of the alleged victim, explain your options, and craft the best defense possible.