Valentine v. Horan, --S.W.3d—(Ky. App. 2008), 2007-CA-002010-ME
Based on events between the parties in 2002, Valentine was convicted of assault in the fourth degree and two counts of sexual abuse in the first degree. Valentine is currently appealing his conviction pursuant to RCr 11.42. As part of his investigation into the evidence associated with his trial, Valentine filed an open records request with the Educational Professional Standards Board concerning Horan. When Horan learned of the request she filed a petition for an EPO. She was afraid Valentine was trying to find personal information about her due to his impending parole and/or expiration of his sentence. She was afraid he would harm her again. The court issued the EPO, as well as a DVO, which prohibited Valentine from gathering information about Horan regarding her address, employment, or personal data and from coming within 1000 feet of her. Valentine appealed.
Based on the criminal convictions for assault and sexual abuse arising from the acts of domestic violence and the higher standard of proof required in criminal matters, the COA found that the evidentiary standards had been met under KRS 403.740 and KRS 403.750. The Court also found that domestic violence may occur again, since Valentine is inquiring about Horan after all these years. Valentine’s arguments regarding failure to receive notice and service of the EPO were moot, since the EPO had expired. DVOs do not have the same notice and service requirement. COA found that the court had complied with the full hearing requirement by holding a hearing with Horan and a separate telephonic hearing with Valentine. AFFIRMED.
Digested by Sarah Jost Nielsen, Diana L. Skaggs + Associates