Legal Question in Family Law in Kentucky

epo hearing

my wife &i had a domestic dispute she started hitting me &throwing objects i called the cops there was a witness to the entire event and they told me i could not press charges then my wife went nd got a epo on me saying i bashed her head into the wall which is untru & the police report verifies. now im not allowed to see or talk to my kids,what should i do? do i need a lawyer?

Asked on 11/05/08, 12:18 am

3 Answers from Attorneys

Gregory Napier Troutman & Napier, PLLC

Re: epo hearing

Your question about whether you need a lawyer reminds me of a Discovery channel show where a fellow was trapped out in a ravine because a boulder fell onto his arm. He amputated his arm with a pocket knife and saved his life. Like this man, you can represent yourself in a domestic violence action but it will be messy, painful and all bets are off on how it will turn out.

If it were me, I would get a lawyer and I would subpoena that witness to testify on my behalf.

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Answered on 11/05/08, 1:23 pm

Thomas McAdam Thomas A. McAdam, III, Attorney

Re: epo hearing

Yes. You need to contact an attorney immediately. Your wife will appear in court and request a Domestic Violence Order, making the Emergency Protective Order permanent. Once this happens, you will never again be able to own or use a firearm, and it will be difficult if not impossible to get the DVO modified or reversed.

You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

Good luck!

[email protected]

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Answered on 11/05/08, 3:31 pm
Keith Wilcutt Coffman & Smith

Re: epo hearing

Yes, I would contact an attorney to discuss your options with them. You will be entitled to an EPO hearing within 14 days and will have the opportunity to cross examine her and any witnesses that she puts on for proof.

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Answered on 11/05/08, 9:21 am

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