Legal Question in Family Law in Kentucky

Domestic Violence Summons

A family member has filed a fictional Domestic Violence Summons against me. They claim that I intend to do physical harm to them (kill them). The Judge denied the EPO, but issued a summons for me to appear in court. The Domestic Violence Summons states that the alleged abuse/violent threats happened over four months ago (verbal threats, which never happened). I have proof that we have had numerous mutual conversations since this alleged incident. This is in retaliation for me calling the State Police on them for threatening to shoot me, because I would not give them two acres of land.

They previously constructed a fence on my property missing the surveyed line by a few feet and now refuse to move it and threaten me if I attempt to remove it. The other day I was fencing another parcel of land and they confronted me with a gun. I called the State Police and the other party ran off before the police came so there is no physical proof they had a gun. I have not canceled the case yet, so I am still allowed to take a warrant out for them on this incidence.

Should I take an attorney with me for this summons? Can I get the judge to allow me to remove the fence during this proceeding or should it be a separate issue? I h


Asked on 6/12/07, 10:26 am

1 Answer from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: Domestic Violence Summons

It is wise to have an attorney. No, you will have to pursue the fence issue in a separate proceeding.

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Answered on 6/14/07, 8:15 am


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