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Is Assault 4 and DVO the Same Thing?

No. Many defendants in Northern Kentucky confuse assault fourth degree and domestic violence emergency protection orders (DVO/EPO) because they are often filed at the same time. When someone is charged with Assault, the police will generally advise the victim to file separate EPO. The EPO, Emergency Protective Order, is a civil order which requires a person to have no contact, stay 500 feet away and often vacate their home for a period of up to 14 days. Within that 14 day period, the parties are entitled to a hearing to see if a more permanent DVO, Domestic Violence Order, should be entered for up to three (3) years. The victim retains the right to proceed or dismiss this action. The Assault charge is a criminal charged which is prosecuted by the County Attorney. The victim in this case may have some input as to how the case is resolved, but the County Attorney retains the right to prosecute the case regardless of the desires of the victim. A defendant in this action is wise to hire an experienced defense attorney as soon as possible. Statements given in one court can be used against the defendant in the criminal action. Further, both the EPO/DVO finding as well as the Assault can have a significant impact on liberties. If you have been charged with Assault or if someone has filed an EPO against you, contact Michael Bouldin at [email protected] or 859-581-6453.

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