DOMESTIC VIOLENCE
Domestic violence includes emotional, physical or sexual abuse, or placing another family member in imminent fear of emotional, physical or sexual abuse. Beatings, threats, stalking, intimidation, harassment, and neglect are all forms of domestic violence, and must be taken very seriously. The correlation between fatality and the above violence is staggeringly high. Unfortunately, often so is the frequency in which one party may lie and accuse the other of domestic violence to get a “leg up” in a divorce battle.
Domestic Violence is an extremely serious accusation by either party. The consequences of an Entered Domestic Violence Order by the Court are far-reaching, including the offending party’s loss of use of the marital residence, loss of custody, loss of the ability to carry a weapon and a restraining order keeping that party up to 1000 feet away from the victim, the victim’s family, the victim’s home and the victim’s work.
If you are seeking a Domestic Violence Order, or if you are defending yourself against a false claim of Domestic Violence, you must have an attorney who specializes in Domestic Violence representation. Thomas E. Banks, II has conducted hundreds of Protective Order/Domestic Violence Hearings, and has a very high success rate in defending and seeking such Orders.
The Process
Emergency Protective Order
The initial step in seeking a Domestic Violence Order is to obtain an Emergency Protective Order. If you are in Jefferson County and need to take out an Emergency Protective Order (known as an “EPO“), please call 502-595-0853. If you are outside of Jefferson County, please call 911, or your local police department, to ask for further information.
The Domestic Violence Intake Office at the Jefferson County Hall of Justice at 600 West Liberty Street (Room 1150, First Floor) is open Monday through Friday from 8 AM until 12:30 A.M (after Midnight). They are also open from 10 AM to 6 PM on Saturdays, Sundays and legal holidays. Their phone number is 502-595-0853. See http://www.louisvilleky.gov/CountyAttorney/dvintakecenter/ for more information on this process. The intake process is private and secure.
If you need emergency protection at other hours (after Midnight and before 8 AM, for instance), you can go to the Hall of Justice at 600 West Jefferson Street in downtown Louisville and tell any of the Deputy Sheriffs that you need to take out an EPO. They will direct you to the proper office.
EPO’s are only valid for fourteen days. The Court will require a Domestic Violence Hearing within fourteen days of the issuance of the EPO, if the EPO is granted. At that time, the defendant will be given the opportunity to admit or deny your allegations. It is my strong recommendation that you have counsel represent you at this point.
Domestic Violence Hearing
During a Domestic Violence Hearing, the Court has allotted only 15 minutes to your case. While the Court would like to spend as much time as is necessary on each case, there simply is not enough time for the Court to do so. As such, your case, or defense as the case may be, must be presented clearly, concisely and convincingly. You, in essence, will be the subject of a 15-minute trial.
To enter a Domestic Violence Order, the Court must determine not only that domestic violence occurred but also that it is likely to occur again. As most cases typically do not have “smoking guns,” your case will need to be presented through circumstantial evidence. The judge, then, will need to draw her conclusions from the evidence presented and decide whether a Domestic Violence Order is appropriate. The Courts have no propensity to either award or deny Domestic Violence Orders.
Domestic Violence Order
If the Court enters a Domestic Violence Order, the consequences are considerable. Defendant/Respondents often lose custody of the minor children, use of the former marital residence and the ability to carry firearms. Additionally, the Petitioner will be protected by a Restraining Order prohibiting the Defendant from coming within 500-1000 feet of them, their home or their place of business. The victim’s family members are often also protected, and contact with them is prohibited.
Violation of a Domestic Violence Order is not handled in Domestic Violence Court. Instead, your complaint should be lodged with the County Attorney, who will decide whether the violation merits prosecution. In that case, the offender may go to jail for a period not to exceed 180 days, unless the violation is one of possession of a firearm. Possession of a firearm when a Domestic Violence Order is entered against you is a federal offense, the penalties for which are extremely high fines and up to 10 years in federal prison.
If you are seeking a Domestic Violence Order, or must defend one, you need an effective and experienced legal team on your side. Call Thomas E. Banks, II, PLLC.
