Legal Question in Criminal Law in Kentucky

I let my girlfriend stay with me for 7 months. She stole my prescription pain medicine, property, and identity. When I confronted her and told her she was no longer welcome she grabbed me and struck my face (blacked eye and cut my face from corner of eye to cheek bone). I called the police and after arriving I told them of my disabilities and what she had been doing and done. She then told them a story and gave them permission to search the property I had been leasing for 9years. They made me unlock my storage shed (not rental property) and went to the tool box drawer and took out a container that had previously had a detachable stereo face in it. I told him thats what it was and the cop began to shake it vigorously. I reached out to stop him from shaking it and told him he would break it. I was ordered to step back and upon doing so was grabbed from behind from the other officer and thrown to the ground. He tore my surgically repaired shoulder out and told me I wasn't under arrest it was for my safety and theres.(?) The officer then opened the stereo case and found her marijuana and paraphernalia in it. I told them it was hers, but I was arrested.What happened to my rights? She was arrested for anything and was aided in obtaining an EPO to prevent me from returning to my home. I am being railroaded and have no clue of what action to take. Please help?


Asked on 2/15/11, 12:00 pm

1 Answer from Attorneys
Andrea Welker Welker Law Office

You need an attorney as soon as possible. You have defenses available, possibly even suppression of the evidence because it sounds as though there is some question of whether the police had permission to search the premises, and certainly you can bring a civil suit against your (ex) girlfriend.

You should first file an EPO against her and regain control of your residence. You can do so at District Court, you do not need to talk to the police. You'll get the chance to be heard at the DVO hearing. Make sure you've taken photographs of your injuries too. You'll want to prove that in case the bruise is gone by the time you go to court.

Read more
Answered on 2/17/11, 5:13 pm


Related Questions & Answers

More Criminal Law questions and answers in Kentucky