GAMBREL v. GAMBREL 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...Read More
CRABTREE V. CRABTREE The Trial Court did not abuse its discretion in finding domestic violence occurred and was likely to occur again where husband threatened suicide multiple times in front of his wife and children. Husband argued that threatening to kill himself was insufficient to establish that he committed domestic violence and abuse. The Appellate...Read More
PATTERSON V. WINCHESTER A DVO was entered by Fayette Family Court preventing father from exercising his parenting time as ordered by Whitley Circuit Court, the court with jurisdiction and venue over custody and visitation. Father filed a motion in the Whitley Court case requesting sole custody and for restoration of his visitation rights. Mother responded...Read More
PETTINGILL V. PETTINGILL Questions Presented: Domestic Violence. Appellate Procedure. Issues involve the use of “lethality factors” in a domestic violence determination and the interplay between CR 75.07(4) and CR 98 when the trial videotape is omitted from the record on appeal. Wife was granted DVO against husband by family court. The family court entered a...Read More
A new law goes into effect on January 1, 2016 in Kentucky that will permit the filing of new protective orders, and it is becoming more clear about which courts will hear these cases. The new protective orders, called IPOs (for interpersonal protection order), will allow individuals who are in a dating relationship or believe they...Read More
BOONE V. BOONE The mandate for written findings of fact and conclusions of law applies to DVO cases. CR 52.01 and KRS Chapter 403, along with the holding in Keifer, require findings in family law cases be reduced to writing. DVOs affect child custody, therefore they fall within the purview of CR 52.01. In this...Read More
HOLT V. HOLT The appellant appealed a Bullitt County DVO, arguing the court lacked jurisdiction to enter a DVO. The petition for a DVO was originally filed in Nelson County. It was transferred to Bullitt County after the Nelson District Court determined Bullitt County would be more appropriate, as the court was already familiar with...Read More
Wolfe v. Wolfe, 2012-CA-000578-ME To Be Published: Affirming County: Laurel Mom appeals denial of DVO on child’s behalf claiming that Kentucky Rules of Civil Procedure do not apply to DV proceedings and she was denied opportunity to offer proof during DV hearing. FACTS:Read More
Stephen Stinson v. Tracy Stinson No. 2011-CA-001312-MR Published: Opinion reversing County: Barren Stephen Stinson appeals from an order of Barren Family Court holding him in contempt of an amended domestic violence order for violating the no contact or communication provision.Read More
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