Tag

DVO and EPO
Statue of Justice with scales in lawyer office. Legal law, advice and justice concept
ALLEN V. GUELTZOW Father filed a DVO action against step-father on behalf of his minor children. Father was the only witness and testified as to statements made to him by his then six-year-old child. The court also considered a police report and district court domestic violence charges. The trial court issued the DVO and stepfather...
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Gavel
HALLOWAY V. SIMMONS Boyfriend and girlfriend had conflict which resulted in an EPO being granted in Jefferson County against Boyfriend. Boyfriend violated the EPO and was charged. The day after his pre-trial conference, Boyfriend sought an IPO against girlfriend in Oldham County claiming she was targeting his locations. The Oldham County family court granted the...
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Statue of Justice with scales in lawyer office. Legal law, advice and justice concept
MARCHESE V. AEBERSOLD “Questions Presented: Family Law. Domestic Violence Orders. Extrajudicial Information. Respondent in a domestic violence case was denied a fair hearing when the family court considered extrajudicial information in support of its decision to enter a DVO.” Aebersold filed for a Domestic Violence Order against Marchese alleging stalking. The parties appeared at the...
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Power of Attorney
ASHLEY V. ASHLEY DVO was entered against Husband who appealed arguing that there was insufficient evidence to support the entry DVO. The Court of Appeals reviews the record noting intoxicated Husband screamed at wife, threatened to call CPS, called and hung up on 911, hit Wife across the arm, and later texted wife threatening to...
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Building 2
WALKER V. WALKER In 2012, Wife obtained a DVO against Husband. When the DVO expired, the court entered an Order adopting the same terms of the DVO preventing Husband from owning or possessing a firearm. When that order expired, Husband obtained an order allowing for the return of his guns and wife filed a petition...
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CALHOUN V. WOOD Appellant appealed an Interpersonal Protective Order (“IPO”) arguing the trial’s courts finding that stalking occurred was not supported by the evidence. Although the IPO had expired rendering the appeal moot, the Court of Appeals held that as IPOs are almost identical to DVOs the case meets the “collateral consequences” exception to mootness...
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Keys
GIBSON V. CAMPBELL-MARLETTA Former husband appeals entry of a DVO arguing the trial court improperly relied on his threats to utilize the castle doctrine, a statutory right. The Court of Appeals agrees with the trial court that the Castle doctrine argument is disingenuous in this context. Former wife did not forcibly or unlawfully enter ex-husband’s...
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Gavel
BOONE V.BOONE Judge recused herself from a divorce action, after a DVO hearing, but before issuing an Order dismissing the DVO. Wife then filed motions arguing Judge should be recused from the DV case as well because she had recused herself in the divorce. The Judge denied Wife’s motions. Wife appealed arguing that “the court...
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Gavel and Scale
MOORE V. MOORE Trial Court held a bifurcated DVO hearing on a severe domestic violence incident between Husband and Wife. At the first hearing, Wife testified she was afraid of Husband and gave detailed testimony about the violent incident. After contact with Husband’s family, at the second hearing, Wife read a statement asking the Trial...
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Lady Justice
MORRIS V. MORRIS Wife filed and was granted a DVO. Husband continued making threats and Wife filed a Motion for Contempt. At the hearing on Wife’s contempt motion, the trial court extended the DVO as a contempt sanction. After Husband’s appeal of its order, concerned Wife would be left without protection, the trial court vacated...
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