Legal Question in Family Law in Kentucky

Need Help Fast Please

Can a woman run from one state to another and claim Domestic Violence on her husband? and how long should the man have to get to this other state for court? Can he get it moved to his state where she is saying this all happen to her? will he need a lawer in KY and how can we find one?can he take statements from others that know what went on andf present them in this other state court?


Asked on 11/08/01, 9:23 pm

1 Answer from Attorneys

Paul Velte IV Paul C. Velte IV, Attorney at Law

Re: Need Help Fast Please

Have you been served with citation? Do you have any connection to Kentucky? Have you been there before for any reason? It matters. I am assuming you are a Texas resident and got sued for a protective order in Kentucky. The short answer to your question is women can claim domestic violence anywhere, anytime nowadays and you'll suffer for it, either financially or through loss of your rights or both. That you can become a federal felon for possession of a bullet after getting one of these protective orders entered, is very wrong but very real right now--and that law needs to be repealed. In general though, the law has always been that one never has to respond to a suit in another state that has no jurisdiction over him, but the reality is that the person who decides if that other state's court has jurisdiction over you is the judge of that court! So to preserve your rights, it is best to hire a lawyer there locally to contest just the jurisdiction issue. No, you won't be able to present written statements as proof. It takes live testimony to "prove" things in court. I don't know why so many people seem to think they can swear to facts on paper and not be subject to cross-examination on their statement. So, in short, it matters what your contacts is/were in Kentucky. If you do business there regularly, for example, you'll be subject to jurisdiction there (most likely); it depends on how their "long-arm jurisdiction" statute is worded). Good luck. I'm sorry you have to spend $$ to defend yourself in another state when you shouldn't have to, but that is what men get for letting this domestic violence stuff get out of hand.

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Answered on 11/09/01, 2:02 pm


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