Do I Need A Criminal Lawyer For A Kentucky Domestic Violence Charge?
Even if the person who has alleged domestic violence has “dropped” the charges, you need a criminal lawyer to defend you against a domestic violence charge. It will be up to the prosecutor whether to continue pursuing a criminal charge; therefore, you need a criminal lawyer regardless. The punishment for the conviction of a Kentucky domestic violence offense can be severe including losing your right to own and carry a firearm. Furthermore, the court could choose to issue an emergency protective order (EPO) that could impact your job, your home, and where you can and cannot go in your town.
Even the mere allegation of domestic violence can create trouble at your job, with your friends, and within your extended family. Therefore, if you are facing a domestic violence charge, do not feel compelled to “tell your side” to the officers. Invoke your constitutional right to remain silent except for asking for your attorney. While you should always be respectful to police officers and investigators, you are not required to answer questions until after you have consulted with an attorney. It is always in your best interest to talk to an attorney — the consequences of a domestic violence conviction are too high of a price to pay for failing to consult with an attorney.
What is a Kentucky Domestic Violence Charge?
According to the Kentucky Division of Child Abuse and Domestic Violence Services, any crime defined in the Kentucky Penal Code can be committed in the context of domestic violence. However, some crimes are charged as domestic violence more frequently than other crimes under the penal code. Examples of crimes that we often see charged as criminal violence include but are not limited to:
- Harassment
- Threatening or Menacing Behavior or Acts
- Stalking
- Assault
- Endangerment
- Sexual Offenses
- Kidnapping and Unlawful Imprisonment
- Battery
- Manslaughter and Homicide
Any of the above crimes can also be charged under domestic violence. Therefore, domestic abuse in Kentucky can be defined as any act or behavior that physically or emotionally injures a family member. A family member is broadly defined for the purpose of domestic violence. Family member includes:
- Spouse and former spouses
- Current and former boyfriend/girlfriend (if living or lived together)
- Parents
- Grandparents
- Children
- Step-children
- Any child living in the home when the child is the alleged victim
Pursuant to KRS 431.005(2)(a), “Any peace officer may arrest a person without warrant when the peace officer has probable cause to believe that the person has intentionally or wantonly caused physical injury to a family member or member of an unmarried couple.” In other words, if your spouse or other family member calls the police because of an argument and the police arrive, you can be arrested for domestic violence without a warrant. If both parties allege violence, the officers may arrest both parties to let the court settle the matter.
Petitioning for a Protective Order
In addition to being charged with domestic violence, you may also have a protective order issued against you. If your family member requests the court to issue an emergency protective order because the court believes the allegations of the family member that there is a present and immediate danger of domestic violence, you may be ordered to:
- Vacate the residence;
- Have no communication with the family member;
- Refrain from committing any further acts of abuse or violence;
- Refrain from damaging or disposing of any property;
- Stay a minimum distance away from the family member’s residence, school, employment, or other place;
- Give up temporary custody of a minor child; and,
- Any other rules that the judge finds are necessary to “protect” the alleged victim.
A protective order can seriously impede upon your freedom and your rights. You need a criminal lawyer to ensure that the court hears all of the evidence so that you are not required to adhere to a protective order that is unfair or unjustified.
Contact an Experienced Kentucky Criminal Lawyer
We’ve Helped Thousands of KY Families, we can help you!
The criminal lawyers of Musselwhite Meinhart & Staples, PSC understand that fighting a domestic abuse charge is frightening and frustrating. There are times when domestic violence charges are used by individuals who want to “punish” someone or gain an advantage in a family court action. It is crucial that you contact a criminal lawyer immediately if you have been arrested for domestic violence or if you are being investigated for domestic violence.
Our criminal lawyer represents clients throughout central Kentucky who have been charged with domestic violence or other Kentucky crimes. Contact our office by calling 270-506-4052 to schedule a free consultation with an experienced domestic violence attorney. You may also contact our office through our convenient online contact form.