Tag

DVO and EPO
Gavel and Scale
Williford v. Williford Husband awoke hearing Wife outside talking on the phone to Wife’s sister, stating that she was going to “go in there and get him in an argument and blow his head off.” Neither Husband nor Wife owned a firearm, but Husband took the threat seriously. Husband woke his three daughters to listen...
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Lady Justice
Tipan v. Tipan Petitioner, her mother, and two minor siblings fled their home country to escape alleged abuse perpetuated by Respondent. Petitioner’s minor siblings were placed in her care while her mother sought asylum. Respondent traveled to Kentucky and allegedly began to harass, threaten, and stalk Petitioner and her siblings, after which Petitioner filed a...
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Building 2
Cottrell v. Cottrell Trial Court entered a DVO against Former Husband after he drove his truck into a house occupied by Former wife and their child in 2015. In 2018, Trial Court granted Former Wife’s motion to extend a Domestic Violence Order against Former Husband for an additional three years. Former Husband was incarcerated for...
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White Folders
Castle v. Castle Trial Court entered a Domestic Violence Order preventing Step-father from having contact with Wife and two minor step-daughters. The Trial Court marked portions of form AOC-275.3 indicating that a sexual assault had occurred and there was a possibility that it would occur again. Although the Court heard testimony from Wife and one...
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Power of Attorney
Thurman v. Thurman Trial Court entered a DVO against Father. Nothing in the record of the domestic violence hearing showed that a summons was served on Father. Mother argued the summons was served on Father at his last known address and that Father told Mother he was aware of the date of the hearing. The...
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Books 4
Clark v. Parrett   Family court entered a DVO against former live in  boyfriend based solely on girlfriend’s petition and without conducting an evidentiary hearing. While boyfriend consented to staying away from girlfriend at the family court hearing, the hearing only lasted only one minute and thirty-three seconds and neither party presented sworn testimony. The boyfriend...
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KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...
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Lady Justice
DUNN V. THACKER Family Court granted Father’s request for DVO against Mother on behalf of himself and child, after finding Mother’s boyfriend was a physical threat to child. Mother appealed arguing the DVO could not stand because it was her boyfriend, not Mother “who committed the alleged domestic violence against Child.” The Court of Appeals...
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MATEHUALA V. TORRES Family Court entered a DVO against Husband citing Husband’s actions in discarding former Wife’s personal property from an abandoned trailer as support. Husband appealed arguing, “none of [former Wife’s] allegations rose to the level of domestic violence under the definition contained in KRS 403.270.” The Court of Appeals agreed holding that “no...
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White Pencil
BENSON V. LIVELY Girlfriend obtained a DVO against boyfriend which the family court later renewed. In the order renewing the court failed to check the box prohibiting firearm ownership. The family court later fixed the clerical error checking the box prohibiting firearms. Boyfriend appealed arguing that the court “improperly entered a DVO instead of an...
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