Domestic Violence (Civil)
What is domestic violence?
It is a pattern of behavior involving the abuse by one partner against another in an intimate relationship such as marriage, cohabitation, dating or within the family members. Domestic violence happens in many ways, such as hitting, kicking, biting, shoving, restraining, slapping or throwing objects; sexual abuse, emotional abuse, controlling, intimidation, stalking and economic deprivation. It is also the threat to do any of those things. Alcohol consumption, alcohol abuse, drug abuse and mental illness may also be involved, thereby creating additional challenges to protect those being abused and in eliminating domestic violence.
Unfortunately, domestic violence is too often a commonplace reality in our community. The courts and law enforcement officers in Kentucky and Ohio take allegations of domestic violence seriously. Our family law attorneys or criminal defense lawyers can help you.
Domestic violence happens in one of the following ways:
- Knowingly causing or attempting to cause physical harm to a family or household member;
- Recklessly causing serious physical harm to a family or household member; or
- Knowingly cause a family or household member to be in fear of imminent physical harm.
Under Ohio law, people that are related by blood or marriage may petition the courts for stay away protection with a domestic violence order. This is called an order of protection and it is temporary in nature. The court will conduct a hearing to see if a permanent order of protection is warranted, based upon the evidence presented. Ohio also has a form of restraining order available between people that are not related by blood or marriage called a civil protection order.
Under Kentucky law, Emergency Protection Orders and Domestic Violence Orders are only available between people who are or were married; who are family members; or, who are family members of an unmarried couple. The Emergency Protection Order is issued first, and then the court will later hold a hearing to see if the burden of proof is met to issue the permanent Domestic Violence Order, which can last as long as three years and may be renewed thereafter.
The potential consequences of an order of protection or a domestic violence order may include eviction from household, restrictions on contact with family members, and effects on child custody or visitation arrangements. Violators of issued protection orders may also be subject to jail time, as well as electronic monitoring. Greater Cincinnati and Northern Kentucky have many types of lawyers. Whether you are a victim of domestic violence, or whether you are accused of committing domestic violence, it is important to ensure that your rights are protected by a family law lawyer with required skill and experience.
You need a good lawyer to represent you and to protect your rights.
We are good lawyers.
We’ve been handling domestic violence cases since 1999.
We Listen – We Care – We Advise – We Fight For You – We Get You Through It.
We can help you.
With our guidance, you will survive this unpleasant and scary time in your life. Please call or email our law firm to schedule your free, initial and confidential consultation about domestic violence.
- Greater Cincinnati 513.591.2000 Northern Kentucky 859.291.1000
- rick@foxscottlaw.com
- Fox & Scott, PLLC
- 517 Madison Ave.
- Covington, KY 41011
