Father appealed entry of a DVO, but failed to ensure the recorded hearing was included with the record on appeal. The Court of Appeals affirmed the entry of the DVO holding, pursuant to King v. Commonwealth, that without the recorded hearing they must assume the content of the hearing supported the entry of the DVO. King v. Commonwealth, 384 S.W.3d 193, 194-195 (Ky. App. 2012). The court notes that this problem occurs most often in family court cases and cautions practitioners to designate hearings to be included in the record on appeal to ensure all necessary electronic records are included in the record on appeal.
Digested by Elizabeth M. Howell
