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DVO and EPO
Applying Craig, the Kentucky Supreme Court found there was no showing of necessity, other than convenience to the witness, of balancing the victim’s interests that justified the surrender of the Defendant’s constitutional right of confrontation.
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The Court held that U.S.C. § 922(g)(8)’s complete deprivation of an individual’s ability to possess a firearm was materially different than a sureties’ possible disarmament, if violated, and was therefore unconstitutional.
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Christina Holt Taylor v. Leigh-Ann Fitzpatrick, No. 2022-CA-0946-ME Allen Circuit Court Allen Family Court entered an IPO against Respondent in 2019 based on Petitioner’s allegations that Respondent stalked, harassed, and threatened her. Shortly before it was set to expire in July 2022, Petitioner filed a motion to extend the IPO for three years. The family...
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Waggoner v. Waggoner Jefferson Circuit Court Robert Waggoner filed a petition for a Domestic Violence Order (“DVO”) against his ex-wife, Christina, after a dispute at their former marital home occurred. An Emergency Protective Order (“EPO”) was entered and a DVO hearing was set. Preceding the hearing, counsel for both parties discussed a potential settlement agreement...
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Accordingly, the Court upheld the family court’s findings, partially, and ultimately found the family court did not err in issuing the IPO.
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he Supreme Court disagreed. CR 52.01 requires the trial court to finds the facts specifically and state separately its conclusions of law thereon and render an appropriate judgment.
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Jones v. Jones Fayette Circuit Court Glynis was married to Johnathan’s deceased brother. Glynis petitioned for an interpersonal protective order (IPO) against Johnathan. At the hearing, Glynis testified that she and Johnathan had not seen or spoken to each other for several years before her husband’s death. However, thereafter, they checked in on each other...
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Doe v. Ramey After an incident on the bus where Doe, a minor, allegedly put T.L.C., a minor’s hand near Doe’s penis while slapping T.L.C.’s hand, telling him to “slap his meat,” Ramey, T.L.C.’s mother, petitioned for an interpersonal protective order (“IPO”). A temporary IPO was granted. The hearing on the petition took place before...
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Hall v. Smith   Hall petitioned for a protective order on behalf of herself and Hall and Smith’s two minor children, alleging that Hall was once married to Smith; that they have two children in common; that Smith is controlling and manipulative; that Smith has been stalking Hall; that there was physical abuse at the...
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Petrie v. Brackett, et al.   After a physical altercation between Father and Son, wherein Father restrained Son so that Son could not continue hitting him, Mother filed a petition for a protective order for Son. At the hearing, the testimony revealed that Son pushed Father several times and then hit him in the chest....
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