Pasley v. Pasley, Ky COA, Evidence Insufficient for Entry of DVO

Pasley v. Pasley, 2009-CA-001857-ME

Published:   Reversing and Remanding

County: Jefferson

CA found that FC abused its discretion by entering DVO where Petitioner made no allegations of physical abuse, physical injury, or threats of physical abuse but only provided her unsupported statement that she was unsure what Respondent would do and was afraid of him. Petitioner’s testimony that Respondent had stared at the parties’ children at their school and her belief, contradicted by Respondent’s testimony, that Respondent had broken into her home did not provide by a preponderance of the evidence that an act of domestic violence and abuse had occurred and may again occur, and FC therefore abused its discretion.  Reversed and remanded for vacation of DVO.  

Digested by Michelle Eisenmenger Mapes, Diana L. Skaggs + Associate