DVO reversed and remanded for proper hearing, Published Opinion from Ky Court of Appeals


Father filed a DVO action against step-father on behalf of his minor children. Father was the only witness and testified as to statements made to him by his then six-year-old child. The court also considered a police report and district court domestic violence charges. The trial court issued the DVO and stepfather appealed. The Court of Appeals remanded the case for a hearing holding that the trial court failed to conduct a hearing as required by KRS 403.730 and improperly considered hearsay and extraneous evidence.

Digested by Elizabeth M. Howell