Lexington Domestic Violence Lawyer

What is Considered Domestic Violence in KY?

In Kentucky State, there is no specific statute to define domestic violence as a crime separate from assault or terroristic threatening. Rather, penalties can increase if the alleged perpetrator and victim share some sort of domestic relationship, such as spouse, parent, child, or partner.

To this extent, there are numerous actions that could be seen as domestic violence, such as:

• Physical harm
• Intimidation tactics
• Abuse to cause emotional damage
• Coercion to gain monetary benefits
• Unwelcome sexual acts

If you are being accused of domestic violence, you need to know what is being said about you. In many cases, the accusations are not even clear upfront. The prosecutor may rely on flimsy or dishonest witness testimony. Or, the accusations may be a personal vendetta or an attempt to gain leverage in child custody proceedings. We are skilled in recognizing when accusations are false and how to prepare a smart defense based on facts.

During the pre-arrest and investigation stages, it is essential that you work with an attorney early on. If you want to prevent such missteps from happening, you should contact our Lexington criminal defense lawyers as soon as you can. With us at the helm, you can rest assured in knowing that highly experienced, highly motivated professionals are on your side and managing all the portions of your case on your behalf.

What are the Potential Penalties for Domestic Violence Convictions in Kentucky?

The penalties for a domestic violence conviction depend on the nature of the offense and whether it is classified as a misdemeanor or felony. Factors that influence the severity of penalties include prior convictions, the extent of harm caused, and whether a weapon was involved. Common penalties include:

• Jail or Prison Time: Sentences can range from a few months for misdemeanors to several years for felony convictions.
• Fines: Convictions may result in fines ranging from hundreds to thousands of dollars.
• Restraining Orders: Courts may issue long-term protective orders that limit your freedoms.
• Loss of Firearm Rights: Federal and state laws prohibit individuals convicted of domestic violence from owning or possessing firearms.
• Criminal Record: A conviction will appear on your record, potentially affecting employment, housing, and other opportunities.

An experienced Lexington domestic violence attorney can advocate on your behalf to minimize these penalties or seek a dismissal of charges when possible.

How Does a DVO Work in Kentucky?

Someone who accuses you of domestic violence can file to have a protective order against you, even before you are convicted. While this is obviously meant to protect victims of abuse, it can actually be used aggressively by stripping rights away from the accused.

A judge’s protective order can stop you from:

• Contacting the alleged victim
• Living with the alleged victim
• Getting near the alleged victim
• Seeing children you share with the alleged victim

In a way, a protective order, especially an emergency protective order, is a criminal penalty before any trial occurs. There are clear issues with such orders and we can use our legal prowess to help defend you from them. 

How to Defend Against Domestic Violence Charges?

Facing domestic violence accusations can feel overwhelming, but there are several defenses that can be used to fight these charges. The right defense depends on the circumstances of your case, but common strategies include:

• False Allegations: In some cases, accusations of domestic violence may be completely fabricated, often during contentious divorce or custody disputes. A strong defense can expose inconsistencies in the accuser’s story and demonstrate that the allegations lack merit.
• Lack of Evidence: Prosecutors must prove domestic violence charges beyond a reasonable doubt. A lack of physical evidence, unreliable witnesses, or conflicting testimonies can weaken the case against you.
• Self-Defense or Defense of Others: If you acted to protect yourself or another person from harm, this could be a valid defense. A Lexington domestic violence lawyer can present evidence supporting your right to defend yourself.
• Accidental Injury: In some situations, the alleged victim’s injuries may have been accidental rather than intentional. Demonstrating the absence of intent can be critical in these cases.
• Constitutional Violations: If law enforcement violated your rights during the arrest or investigation process, evidence obtained unlawfully may be suppressed, potentially leading to a dismissal of charges.

Domestic Violence and Kentucky’s “No-Drop” Policy

Kentucky follows a “no-drop” policy for domestic violence cases, meaning prosecutors may pursue charges even if the alleged victim recants or refuses to cooperate. This policy is intended to protect victims from coercion but can result in wrongful prosecutions.

If you are facing charges under these circumstances, a Lexington domestic violence lawyer can challenge the evidence and advocate for a fair outcome.

Skilled Legal Professionals Handling Your Case in Lexington

Have you been accused of committing an act of violence against your significant other or family member? You are going to need a capable Lexington domestic violence attorney from Bleile & Dawson to challenge the charges and stand up for your rights. We know that there are many people who have been falsely accused of this violent crime, or whose actions have been entirely blown out of proportion and taken out of context.

Our team offers the exceptional defense you deserve. In fact, one of our attorneys has been ranked among the top 2.5% of attorneys under the age of 40, having been selected for the list of Super Lawyers® Rising Stars℠. In addition, Attorney Jacqueline M. Mayer has a solid background in defense of domestic violence charges, having handled thousands of these cases in the past. She uses this experience to benefit our current clients, building personalized defenses aimed to exploit weaknesses in the prosecution’s case.

With more than 50 years of combined legal experience, we can steer your case away from a troublesome “he said, she said” matter, and use sound defense strategies and solid evidence to your advantage. Tell us your side of the story and we will work hard to thoroughly investigate the details of the matter and make sure you are treated fairly by the law.