Domestic Violence Order for sexual abuse with no other findings reversed by Ky Court of Appels in 2-1 opinion

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 of the Step-daughters, it made no further findings of fact nor did the Court incorporate any written findings of fact into the Form used to enter the DVO.

 

Relying on Thurman v. Thurman, 560 S.W.3d 884, 887 (Ky. App. 2018) which held that a “court must make written findings to support the issuance of the DVO,” the Court of Appeals reversed the entry of the DVO by the Trial Court.  

 

 Digested by: Emily T. Cecconi