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Intimate partner violence, domestic violence

Domestic Violence Order; Personal Jurisdiction; Forum

A mother appealed on behalf of her minor child from an order of the family court which dismissed domestic violence petitions the mother filed to protect her child from the child’s father and a minor child, who is her child’s half-sibling. The Court of Appeals agreed that Kentucky was an inappropriate forum and lacked personal jurisdiction over the father and the sibling. Affirmed.


Domestic Violence Order

An alleged victim appealed the entry of a domestic violence order against him and also appealed the order dismissing his petition for a domestic violence order. The circuit court did not err in finding, by a preponderance of the evidence, that the petitioner did not allege facts sufficient to justify a DVO under KRS 403.740. Affirmed.


Domestic Violence Order Reissuance

On appeal from the entry of a DVO, the appellant argued that his alleged bad acts did not rise to the level of domestic violence as defined by Kentucky Revised Statutes KRS 403.720(1); that there was no evidence that domestic violence and abuse may occur again; and that the circuit court’s findings were not supported by substantial evidence. He also argued that the circuit court violated his constitutional rights by failing to explain to him the seriousness of a DVO, and by not giving him the opportunity to seek counsel. Affirmed.


Domestic Violence Order Reissuance

The family court considered the totality of circumstances when denying an extension of a DVO as the denial was based on substantial evidence. To reissue a DVO there must be some showing of a continued need, in this case, the Petitioner simply did not present sufficient evidence to prove an ongoing need, despite being given a full opportunity to do so. Affirmed.

Interpersonal Protective Order

Despite any good intentions in entering the IPO to offer protection after the alleged one-time violent incident as described by the Petitioner, the family court failed to conduct a statutorily required evidentiary hearing before issuing the (non-temporary) IPO. Furthermore, the isolated violent incident alleged in the petition, by itself, did not constitute stalking as defined in Kentucky law. Thus, the IPO entered could not stand. Vacated.

Domestic Violence Order

The petition for a domestic violence order did not contain sufficient allegations to indicate that domestic violence and abuse existed under the statute and KRS 403.730(1)(a) does not require the court to set for reasons for dismissing the petition. Affirmed.

Violence Against Women; Evidentiary Issues; Voir Dire

The Defendant raised multiple evidentiary issues after being convicted of murdering the woman with whom he was in a dating relationship. Among the issues raised were prosecutorial vindictiveness, educating the jury during voir dire and evidence presented that the victim was afraid of the Defendant and wanted to get away from him and that he stalked her before her death. Affirmed.

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