Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Domestic Violence Order

Kentucky law defines domestic violence as the happening of any of the following between family members or members of an unmarried couple: physical injury, sexual abuse, assault, or instilling fear in someone of the occurrence of any of these actions.  The court will examine the existing relationship between you and the alleged abuser and make a determination as to whether or not your case is to be considered domestic violence.  One important distinction to note is that Kentucky law does not allow for domestic violence orders between members of unmarried couples who do not have children together and have never lived together.

Kentucky law provides for a domestic violence order for victims of domestic abuse.  There are two types of orders: an emergency protective order and domestic violence order.  An emergency protective order, which lasts up to 14 days, may be given to you on the day you file your Petition for an Order of Protection if the judge believes you are in imminent danger.  A domestic violence order cannot be issued until the alleged abuser is given a chance to tell his or her side of the story.  The emergency protective order will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for a Domestic Violence Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are provided with a chance to give your respective sides of the story, the judge will decide whether or not to issue a domestic violence order.  If your petition is granted, it will run anywhere up to three years, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a domestic violence order, it is likely to do the following things: order the abuser not to contact you from any medium; prevent the abuser from contacting you through a third party; order your abuser to stay away from your work or school; prevent the abuser from physically harming you or your children; prevent the abuser from selling or destroying any co-owned property; grant you custody of your children as well as child support; and anything else the court deems necessary to protect you and your children. 

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Kentucky who have been victims of domestic violence can be found here.