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Lexington Domestic Violence Lawyer

What is Considered Domestic Violence in KY?

In Kentucky State, there is no specific statute to define domestic violence as a crime separate from assault or terroristic threatening. Rather, penalties can increase if the alleged perpetrator and victim share some sort of domestic relationship, such as spouse, parent, child, or partner.

To this extent, there are numerous actions that could be seen as domestic violence, such as:

If you are being accused of domestic violence, you need to know what is being said about you. In many cases, the accusations are not even clear upfront. The prosecutor may rely on flimsy or dishonest witness testimony. Or, the accusations may be a personal vendetta or an attempt to gain leverage in child custody proceedings. We are skilled in recognizing when accusations are false and how to prepare a smart defense based on facts.

During the pre-arrest and investigation stages, it is essential that you work with an attorney early on. If you want to prevent such missteps from happening, you should contact our Lexington criminal defense lawyers as soon as you can. With us at the helm, you can rest assured in knowing that highly experienced, highly motivated professionals are on your side and managing all the portions of your case on your behalf.

When you retain our services, you don’t get just one criminal defense lawyer, but multiple! Contact our team at (859) 951-3112 today.

What are the Potential Penalties for Domestic Violence Convictions in Kentucky?

The penalties for a domestic violence conviction depend on the nature of the offense and whether it is classified as a misdemeanor or felony. Factors that influence the severity of penalties include prior convictions, the extent of harm caused, and whether a weapon was involved. Common penalties include:

  • Jail or Prison Time: Sentences can range from a few months for misdemeanors to several years for felony convictions.
  • Fines: Convictions may result in fines ranging from hundreds to thousands of dollars.
  • Restraining Orders: Courts may issue long-term protective orders that limit your freedoms.
  • Loss of Firearm Rights: Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms.
  • Criminal Record: A conviction will appear on your record, potentially affecting employment, housing, and other opportunities.

An experienced Lexington domestic violence attorney can advocate on your behalf to minimize these penalties or seek a dismissal of charges when possible.

How Does a DVO Work in Kentucky?

Someone who accuses you of domestic violence can file to have a protective order against you, even before you are convicted. While this is obviously meant to protect victims of abuse, it can actually be used aggressively by stripping rights away from the accused.

A judge’s protective order can stop you from:

  • Contacting the alleged victim
  • Living with the alleged victim
  • Getting near the alleged victim
  • Seeing children you share with the alleged victim

In a way, a protective order, especially an emergency protective order, is a criminal penalty before any trial occurs. There are clear issues with such orders and we can use our legal prowess to help defend you from them. 

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Commonly Asked Questions

How Long Does Domestic Violence Stay on Your Record in Kentucky?

In Kentucky, the length of time domestic violence charges remain on your record depends on the case outcome. If you are convicted, the charge will stay on your record permanently unless you qualify for and obtain an expungement

Misdemeanor domestic violence convictions are eligible for expungement after a five-year waiting period, provided there are no subsequent offenses. Felony convictions, however, are much harder to expunge and may remain on your record indefinitely unless specific criteria are met. If charges are dismissed or you are acquitted, you may petition to have the arrest or charge expunged immediately to clear your record.

Can a DVO Be Dropped in Kentucky?

A Domestic Violence Order can be dropped in Kentucky under certain circumstances. While only a judge has the authority to dismiss a DVO, the petitioner (the person who requested the order) may file a motion asking the court to lift the order. However, judges carefully evaluate these requests to ensure that dropping the DVO will not place the petitioner or any children involved at risk.

The court may require a hearing to review the motion, during which both parties can present evidence. Our skilled domestic violence attorney in Lexington can assist in petitioning the court to modify or terminate a DVO if circumstances have changed.

Is Domestic Violence a Felony in Kentucky?

Domestic violence can be charged as either a misdemeanor or a felony in Kentucky, depending on the severity of the offense and the circumstances surrounding it. Common factors that elevate a domestic violence charge to a felony include:

  • The use of a weapon during the offense.
  • Severe physical injury to the victim.
  • Prior domestic violence convictions.
  • Acts of strangulation, which are classified as a felony under Kentucky law.

Misdemeanor domestic violence charges typically involve minor injuries or threats, while felony charges are associated with more serious harm or conduct.

What Is the Longest You Can Get for Domestic Violence?

The length of a sentence for domestic violence in Kentucky depends on whether the offense is classified as a misdemeanor or felony:

  • Misdemeanor Domestic Violence: Punishable by up to 12 months in county jail and/or fines up to $500.
  • Felony Domestic Violence: Sentences range from 1 to 20 years or more in state prison, depending on the severity of the offense. For example:
    • Class D Felony (e.g., strangulation): 1-5 years in prison.
    • Class C Felony (e.g., assault with serious injury): 5-10 years in prison.
    • Class B Felony (e.g., aggravated assault): 10-20 years in prison.

Our team of domestic violence defense attorneys serving Lexington can help you understand the potential penalties for your case and work to reduce or avoid a harsh sentence.

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