Collett v. Dailey, Ky COA, DVO Against Guardian of Elderly Mother

Collett v. Dailey as Guardian of Hazel C. Collett

No. 2010-CA-002115-ME

County: Kenton

Published: Opinion affirming

James Collett, Jr. appealed from a domestic violence order entered August 18, 2010 in Kenton Circuit court, Family Division, finding that he perpetrated acts of domestic violence or abuse against his mother, Hazel C. Collett.

Dailey, as guardian for Hazel C. Collett, filed a domestic violence petition against James alleging verbal abuse, harassment, and interference with Hazel’s caregivers. After an evidentiary hearing, the court found that James had committed acts of domestic violence against Hazel. He was prohibited from contact or communication, directed to remain at least 500 feet away except under supervision, and ordered to vacate the residence he shared with his mother.

James contends on appeal that the family court’s finding of domestic abuse is not supported by a sufficient quantum of evidence.

Evidence presented at the hearing indicated that Hazel was 83 years old and had recently sustained a broken hip and required assisted care. James prevented caregivers from tending to his mother, giving her food and medications, and providing physical support and assistance. He removed night lights and placed throw rugs where Hazel needed to walk, even though she used a walker.

The Trial Court found that James’s actions interfered with Hazel having a secure and uninterrupted life and she was a victim of domestic violence. The Court of Appeals agreed, holding that considering the statutory definition of domestic violence and abuse and the evidence in this particular case, the Trial Court’s findings were not erroneous and the Kenton Circuit Court’s order is affirmed.

Digested by Sandra G. Ragland, Diana L. Skaggs + Associates.