An EPO is an Emergency Protective Order and is issued based on the allegations of one party. The initial EPO can only survive 2 weeks after the Respondent (Defendant) is served before he/she is entitled to an evidentiary hearing. If the Respondent is not served, or if the parties agree, an EPO can continue for up to 6 months.
A DVO is a more formal Domestic Violence Order and is issued either by consent or after a hearing has taken place. A DVO can be in place for up to 3 years and the court maintains jurisdiction to continue a DVO for longer if requested by the Petitioner.
A major difference is the ability to remove a protective order from your record. While both EPO and DVO are legally considered to be civil lawsuits, they DO show up on a criminal background check as well as in the systems utilized by law enforcement. For example, if a police officer runs your vehicle tags and you are the owner, both an active EPO and DVO will show on their screen. This is to inform the officer that you should not be around certain places or people. Incidentally, it also puts many officers on edge as they may consider you to be dangerous or an abuser.
IF a DVO is put into place, there is no ability to have it removed from your record. Kentucky Law does allow expungement of an EPO if it does not result in a DVO. This eligibility is 6 months after the expiration of the EPO.
Many people who have been alleged to commit domestic violence may also be facing actual criminal charges for assault, disorderly conduct or harassment. It is important to make sure you know all of your charges and cases and do not miss the various court dates. Additionally, if there were children involved or in the home, there may be and additional DNA case (Dependency, Neglect, Abuse).
If you are charged with domestic violence, whether through EPO, DNA, or criminal district courts, you should consult with an attorney. You have the right to have an attorney with you through the process, but since EPO court is not “criminal” you cannot be appointed counsel therein. If you had an EPO dismissed, you should file to have it expunged once eligible.
For representation in Northern Kentucky, Boone, Campbell and Kenton counties, contact Michael Bouldin at Bouldin Ante Law via this CONTACT FORM or call 859-300-3905.