Many divorces start with a defining incident which can create extreme hardship on the parties and ill feelings toward one another. When an incident involves physicality, there are often a number of court cases that can result. As an attorney that practices both criminal defense and domestic/divorce law for over 25 years, the intersection often becomes a place not only of distrust, but can also lead to negotiations and temporary agreements that can help the parties through this most difficult first steps of a divorce/dissolution.
Three are many divorce lawyers that don’t practice criminal defense. There are also many criminal defense lawyers that don’t practice in the domestic arena. Additionally, some of each do and others don’t handle the EPO/DV or even the DNA (juvenile dependency, neglect, abuse) cases. As an attorney that crosses over between these sections there is often a unique opportunity to help the parties heal and obtain temporary orders when dealing with an EPO filing that will also assist the parties in their divorce (CI) case.
Cases can include one, some or all of the following:
- EPO/DV. The initial filing for Emergency Protection can become a more permanent Domestic Violence Order if judge finds it necessary after a hearing. Under newer laws, the temporary Emergency Protection Order can be extended up to 6 months and can have provisions for communication or contact. These provisions are often limited to children activities, exchanges or discussions about the children and many parties utilize parenting apps (AppClose, OFW) for communication.
- Dissolution. This is a civil (CI) case filed with the family courts. There can be temporary and permanent orders placed in this case which survive even if the EPO is ultimately dismissed. Kentucky refers to all divorce cases as dissolutions, due to the “no fault” nature of divorce in Kentucky.
- Criminal. Related criminal charges are often Assault 4th or Harassment charges. Some extreme cases result in felonies if strangulation or striking in face is alleged. These generally care either a M (misdemeanor) or F (felony) case number. These cases may result in plea, negotiated plea with resolution or lesser charge, or may proceed to bench or jury trial.
- DNA. Dependence, Neglect, or Abuse actions (J cases) are typically brought by CHFS (the Cabinet) if there are allegations that the children were abused, involved, or witnessed domestic violence. These cases are not criminal, yet they are prosecuted by the County Attorney’s office and may have severe and lasting implications on custody and parenting time and can result in removal from the parent(s).
If you have multiple cases, make sure your attorney is aware of ALL of the various cases. Some cases like DNA and EPO with children are confidential and may not be available to the public or even to lawyers that have not entered an appearance.
If you are facing any, some or all of the above, it is helpful to have an attorney who understands all of the above types and how they may interact and affect one another. For representation or for consultation, contact Michael Bouldin using this Contact Form or call 859-581-6453 (581-MIKE) or email [email protected].