Has a restraining order been issued against you in Boone County, KY? Do you need help challenging it or fighting back against allegations that you’ve violated its terms? Contact us Suhre & Associates DUI and Criminal Defense Lawyers for immediate assistance.
Collectively, our Boone County restraining order lawyers have more than 50 years of experience navigating delicate legal issues like these. We’re ready and willing to help you with your criminal matter. We offer a free consultation, so call to schedule yours today.
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Why It’s Important to Hire a Boone County Criminal Defense Attorney Specializing in Restraining Orders
A restraining order, sometimes also called a protective order, is often issued when a person makes accusations of domestic violence, abuse, or threats of bodily harm against a family member, spouse or someone that he or she lives with.
The order mandates that a person have no contact or communication with the person requesting the order, in addition to other applicable restrictions depending on the alleged violence or abuse.
If you are served with a restraining order, you will face a number of consequences if you don’t defend yourself. A restraining order should never be ignored, as it can have lasting effects on your rights.
Not only can a restraining order prevent you from living in your home, but it also may limit or bar completely your ability to see your children, or contact your spouse/significant other.
A skilled defense attorney specializing in restraining orders can help you navigate the often overwhelming process. Contact the Boone County criminal defense attorneys specializing in restraining orders at Suhre & Associates DUI and Criminal Defense Lawyers for immediate legal assistance.
What is a Restraining Order?
Restraining orders are issued by a court to protect people from potential harm in situations where there is an allegation of domestic violence, stalking, harassment, assault, or sexual abuse. The court may order a person to stay a certain distance from another location, person, group of people, or business. A “no contact” provision in a restraining order prohibits the person from making contact by phone, text, email, letter, etc.
Among other restrictions, a restraining order can:
- Prohibit the allegedly abusive party from contacting the victim or victim’s family/friends;
- Prohibit the allegedly abusive party from coming near the victim’s home, place of work, school, and other places frequented;
- Discontinue the abusive behavior;
- Prohibit the allegedly abusive party from living in his/her home if shared with the victim;
- Require the allegedly abusive party to seek treatment or therapy;
- Prohibit the allegedly abusive party from possessing weapons;
- Provide the victim with temporary custody of any shared children;
- Order the allegedly abusive party to temporarily provide the victim with spousal support or child support; and
- Anything else that a judge finds to be necessary for the victim’s protection.
If issued, a permanent restraining order can become part of your permanent record for the duration of your lifetime. Every additional violation will have increasingly severe penalties. It’s important to take the necessary steps to contest your restraining order and have it dismissed.
Types of Protective and Restraining Orders in Boone County, Kentucky
In Kentucky, there are four types of restraining orders. These are:
- Emergency Protective Orders (“EPOs”) governed by (Ky. Rev. Stat. § 403);
- Domestic Violence Orders (“DVOs”) governed by (Ky. Rev. Stat. § 403);
- Temporary Interpersonal Protective Order (“TIPO”) governed by (Ky. Rev. Stat. § 456); and
- Interpersonal Protective Order (“IPO”)governed by (Ky. Rev. Stat. § 456).
EPOs and TIPOs are temporary restraining orders that may be issued ex parte (without a hearing) to prevent immediate threatened harm. They are effective when issued and may remain in effect for up to 6 months if the allegedly abusive party can’t be served; however, a hearing must be held within 14 days of issuance. The allegedly abusive party must be served and will have the ability to defend him/herself at the hearing.
DVOs and IPOs are permanent restraining orders that are issued after the petitioner has met the burden of proof to prove that the abusive party did commit an act of domestic or dating violence and abuse and that may occur again. A DVO is the appropriate restraining order between family members or an unmarried couple, and an IPO is the appropriate restraining order for persons who are or have dated.
Domestic violence or Dating violence and abuse includes:
- Physical injury;
- Serious physical injury;
- Stalking;
- Sexual assault; or
- The infliction of fear of such occurring between family members or members of an unmarried couple (DVO) or between persons who are or have been in a dating relationship (IPO).
Family members including spouses or ex-spouses, grandparents, parents, and children may petition for an EPO/DVO; while either person involved in a dating relationship may petition for a TIPO/IPO. For allegations of stalking or sexual assault, there is no relationship required to petition.
Penalties for Violating a Restraining Order in Boone County, Kentucky
If a restraining order is issued and the terms are violated, the person who violated is subject to::
- Arrest;
- Returning to court to for contempt of court charges;
- GPS monitoring;
- Modification/extending the terms of the restraining order; and/or
- Additional criminal charges.
Additionally, the severity of the violation and number of previous violations occurring in a certain time period may result in enhanced penalties.
The Process of Defending a Restraining Order
Once a petition for a restraining order is filed it is generally reviewed immediately by a judge. If sufficient facts demonstrate that domestic violence and abuse/dating violence and abuse/stalking/sexual assault exist, a summons is issued for a hearing in 14 days or less.
If the judge determines that an immediate and present danger exists, an EPO/TIPE (temporary restraining order) will be issued prohibiting the alleged action until the hearing.
If a temporary restraining order is issued, the allegedly abusive party should follow the orders contained in it even if it is not accurate. The accused should also immediately contact an attorney who can help begin collecting evidence and building a defense.
At the hearing, the victim must prove by a preponderance of the evidence (more likely than not, or 51%) that the act of domestic/dating violence and abuse occurred and may occur again. The judge will address both parties and, after hearing testimony from both parties as well as any witnesses, determine whether or not the burden of proof has been met. If so, a DVO/IPO (permanent restraining order) will be issued; if not it will be dismissed.
How Suhre & Associates DUI and Criminal Defense Lawyers Will Defend You Against Restraining Orders in Boone County, KY
Working with an experienced defense attorney specializing in restraining orders, you will gather any evidence relating to the conduct in question – including photographs, emails, text messages, voice recordings, clothing, and more.
A list of witnesses should be compiled that can attest you the accusations or who were present at the time of the alleged event. If the accusations are false, any evidence or witnesses that disprove the allegations should be included.
The defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers will analyze your particular situation and formulate the best approach for your circumstance. Our attorneys are committed to fighting tirelessly on behalf of the people of Boone County. So, when you ask us for assistance with your criminal case, you can expect us to:
Protect Your Constitutional Rights
An experienced defense attorney who specializes in restraining orders will hold the prosecution to the burden of proof required to prove guilt – in this instance, by 51% or “a preponderance of the evidence.” If there are defects in the alleged victim’s case, it is the responsibility of your defense attorney to identify those flaws and bring them to light for the accused’s benefit.
Explain Your Legal Options
A temporary restraining order can easily spiral into permanent, lasting injunctions if not defended. Subsequent violations can lead to jail time, increased penalties, and even additional criminal charges being filed. When the accused does not seek the representation of a skilled and experienced criminal defense attorney specializing in restraining orders, the consequences can be devastating.
Craft Your Defense
A person accused of domestic/dating violence and abuse may offer a defense that attacks the stated facts offered by the alleged victim. It is not uncommon for false allegations to be made particularly by slighted spouses or during the pendency of divorce/child custody proceedings. The accused may present evidence that disproves the victim’s testimony or shows the victim’s true motivation behind the allegations.
Additionally, the accused may offer evidence that he/she was physically unable to comply with the restraining order, was unaware of the restraining order, or unintentionally violated the terms of the restraining order.
While there are many defenses to restraining orders, each case is very fact-specific. A great criminal defense attorney specializing in restraining orders will identify the relevant facts or lack thereof, and sort through the superfluous facts to reach the best outcome for you.
Schedule a Free Consultation With Our Boone County Restraining Orders Attorneys Today
No one regrets hiring an attorney for guidance, but many regret not hiring a criminal law attorney. When the people of Boone County need an attorney to help them fight back against restraining orders, they know that there is only one law firm they need to turn to – Suhre & Associates DUI and Criminal Defense Lawyers, LLC.
When you call us for help, you benefit from:
- More than 15 years of experience defending clients like you;
- Former law enforcement in your corner;
- Aggressive approach;
- In-depth understanding of Kentucky restraining order laws; and
- “10-out-out 10” Rating by Avvo (Attorney Joseph Suhre).
We have the knowledge and experience needed to handle even the most complex cases. To learn more about our legal services or set up a free consultation with a member of our team, please contact us online or pick up the phone and give our law firm a call.
