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Can I Expunge an EPO or DVO?

QUESTION: Hello, I recently seen your website when searching Google for answers about a DVO. So 4 years ago my wife and I had got into and argument where I had told her I was going to take my children etc. Well she had got a EPO against me claiming a bunch of stuff that was definitely false so that she could get temporary primary care of the kids, well this was brought before a judge with no evidence of the things that she had said on the paper. The judge for some reason still ruled in her favor and turned it into a 1 year DVO she later went back after about 3 months and tried dismissing the DVO which the judge said that he feels nothing was learned in this and there is a lesson to be learned so he kept it on there till it was lifted after the year. My wife and I have gotten back together after the year of the DVO and I'm unable to pursue my choice of career which is being a police officer. So my question is there anyway I can go before a judge or do anything for that matter to get this taken off me for good so I can live my life and provide for my family and the public. I live in Kentucky and I just want to talk to someone that knows more about this situation. Are these forever permanent and will I never be able to be a "trusted" guy in some eyes? LAW:  There has recently been a change to allow for expungements AT ALL.

The expungement provision relates only to an EPO under KRS 403.745:  (a) If a petition under KRS 403.715 to 403.785 did not result in the issuance of a domestic violence order, the court in which the petition was heard may for good cause shown order the expungement of the records of the case if: 1. Six (6) months have elapsed since the case was dismissed; and 2. During the six (6) months preceding the expungement request, the respondent has not been bound by an order of protection issued for the protection of any person, including an order of protection as defined in KRS 456.010. (b) As used in this subsection, "expungement" has the same meaning as in KRS 431.079.
Effective: January 1, 2016

ANSWER:  Since your case DID result in the issuance of a DVO, there is no provision for sealing or expungement of the record.  Send letters and lobby your legislators to pass laws that would allow for expungement of these things.  Often these are filed to gain an advantage in a custody case and without any real proof or evidence.  The DVO can be granted because the judge simply wants to make sure everyone is safe. Many judges believe that because it is "only a civil case" that it has no effect.  Obviously, it DOES affect a persons rights as well as their perception by potential employers  Your case is exactly why it is needed. If you have questions about expungment, EPO or DVO, call attorney Michael Bouldin at 581-MIKE (859-581-6453) and schedule an appointment or email at [email protected].  

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