Domestic violence is a crime in Kentucky and affects a couple’s rights under Kentucky Family law statues. Domestic violence is a violent act or the threat of a violent act that is committed between family or household members. Divorce proceedings and child custody arrangements are greatly affected by domestic violence charges and convictions.
What’s Considered Domestic Violence in Kentucky?
In Kentucky, “domestic violence and abuse” is defined as physical injury, sexual abuse, assault, or the infliction of imminent physical injury, serious physical injury, sexual abuse, or assault between “family members” or “members of an unmarried couple.”
Who is Defined as a Family Member in Kentucky?
In the domestic violence statute, a “family member” can only be a spouse, former spouse, grandparent, child, stepchild, or any other person living in the same household as a child if the child is the alleged victim. A “member of an unmarried couple” means each member of an unmarried couple that allegedly has a child in common, any children of that couple, or a member of an unmarried couple who are living together (or who formally lived together).
Domestic Violence Protection Orders During Divorce
If you are a victim of domestic violence, you can apply for emergency protective orders in Kentucky. If immediate or present danger of domestic violence and abuse is determined by the court to be present then emergency protective orders will be made. Generally these orders restrain the abuser from contacting certain members of his/her family or household in coming within a certain distance of them. The abuser must also leave the shared residence where the certain members of his family or household currently reside.
Child Custody and Domestic Violence
Family court considers several factors as it determine what in the best interest of the child as his/her parents go through divorce proceedings. If domestic violence and abuse is alleged, the court will determine how much the abuse has affected the child and what the status of current relationships between each parent and child. If one parent abandons the family residence due to abuse or the threat of it, they won’t be seen as abandoning the child when custody is determined by the court.
We are committed to helping families resolve their differences and get back to their lives. We help individuals and families fight for custody of children. We protect your rights as you go through divorce proceedings. We offer the guidance and support that you will need when you are involved with the legal system.
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About Helmer Somers Law
Helmer Somers Law helps individuals and businesses navigate the complex system of rules that accompany all legal situations. We are licensed to practice in both Kentucky and Ohio and offers flexible, affordable payment terms for our services. We welcome the opportunity to earn your trust and become your lawyer for life! It’s a fact of life in the modern world. There comes a time for virtually every adult American when the services of a competent, dedicated lawyer are required. Circumstances such as divorce, bankruptcy, estate planning or an income tax audit demand that your rights be protected, and your long-term interests advocated for with diligence and perseverance. When you call Helmer & Somers Law, you can rest assured that they will be.