Lexington Restraining Order Lawyer

Were you accused of domestic violence in Lexington, Kentucky? If so, do not hesitate to begin fighting back against the prosecutor’s accusations as quickly as you can. It helps to have an experienced Lexington domestic violence lawyer in your corner. Call Oakley & Oakley, LLC to schedule a free consultation to find out how our legal team can help you stand up and protect your future.

Why You Should Hire Oakley & Oakley, LLC When Accused of Domestic Violence in Lexington, KY

When facing domestic violence charges in the state of Kentucky, hiring a team of experienced criminal defense attorneys in Lexington from Oakley & Oakley, LLC, is an excellent way to safeguard your freedom and your future. Our Fayette County law firm will help you fight back against the prosecution’s allegations by:

  • Launching an investigation into the events that led to your arrest
  • Standing up for your rights as a citizen of the United States
  • Discussing the details of your case with relevant experts
  • Offering you honest answers to all of your legal questions
  • Working tirelessly to try to bond you out of the custody of the state
  • Providing you with sound legal advice throughout your case
  • Helping you understand how the Kentucky justice system functions
  • Filling out and filing legal forms with the court on your behalf
  • Putting together a customized defense strategy for your case
  • Looking for relevant evidence that may sway the case in your favor
  • Negotiating a plea bargain deal with the prosecuting attorney
  • Presenting evidence and arguing on your behalf in court, if required

Would you like to have a skilled domestic violence attorney from Oakley & Oakley, LLC, defend you against your criminal charge? Then please reach out to us today to set up a free consultation at our law office in Lexington, Kentucky. We know what it takes to win cases like yours, and we are more than ready to go to battle on your behalf.

Defining Domestic Violence Under Kentucky State Law

The Bluegrass State defines its domestic violence laws in section 403.720 of the Kentucky Revised Statutes. The first paragraph of this state statute explains that domestic violence occurs when a Lexington resident carries out the following acts on one of their family members:

  • Assault
  • Physical injury
  • Serious physical injury
  • Sexual abuse
  • Stalking
  • Strangulation

This statute also explains that it is a criminal offense for a person to cause a member of their family to fear that they will carry out one of these acts.

Who Does the State of Kentucky Consider to be a Family Member?

For the purposes of a domestic violence offense, Kentucky state law does not consider all of a person’s blood relatives to be their “family members.” The statutes define an individual’s family members as their:

  • Spouse
  • Unmarried partner
  • Former spouse
  • Kids
  • Step-kids
  • Parents
  • Grandparents, and
  • Grandkids

Were you falsely accused of assaulting your spouse or child? If so, please do not hesitate to reach out to a seasoned domestic violence lawyer from Oakley & Oakley, LLC, in Lexington, Kentucky. We may be able to help you get your case dismissed or your charge reduced.

Consequences of Domestic Violence Convictions in Kentucky

The state of Kentucky doles out some severe punishments to people who commit domestic violence crimes within its borders. Those penalties tend to come in the following varieties:

Criminal Penalties

When juries in Lexington find people guilty of domestic violence offenses, they can face a broad range of criminal punishments. The most common penalties handed out to convicts in the state of Kentucky include:

  • Jail or prison time
  • Fines
  • Probation
  • House arrest
  • Court-ordered counseling

The severity of a person’s criminal punishment generally depends on two factors. They are:

  • The seriousness of their criminal offense, and
  • Their prior criminal history

As a general rule, courts hand the most severe punishments to individuals with long criminal records. First-time offenders tend to receive much more lenient sentences.

Collateral Consequences

When courts in the state of Kentucky convict people of domestic violence crimes, they don’t just send them to prison or hand them a fine. They also give them a permanent criminal record. 

Lexington residents with criminal records frequently experience collateral consequences to their actions, such as:

  • Difficulty Getting a Job: Many small and large businesses in the Lexington area have policies against convicted criminals.
  • Professional Licensing Problems: Professional licensing boards in the state of Kentucky regularly reject applications from people with criminal records.
  • Trouble Finding Housing: Landlords and leasing agents generally prefer to avoid renting homes to convicted criminals.
  • Immigration Issues: When non-citizen felons finish their time in prison, the federal government frequently deports them.
  • Loss of Gun Ownership Rights: Convicted felons in the state of Kentucky do not have the right to own, carry, or use firearms.
  • Loss of Privacy: Friends, colleagues, and family members of people with criminal records can learn more about their crime by performing a quick search online.
  • Trouble Obtaining Student Loans: The federal government makes it challenging for convicted felons to obtain loans to go to college.
  • Harsher Future Punishments: Convicted criminals in the state of Kentucky tend to receive much more severe sentences if they get into legal trouble again in the future.

In most cases, the only way a convict can be free of these consequences is to get a court to expunge (or seal) their criminal record.

Restraining Orders

Lexingtonians who commit domestic violence crimes can also become the subjects of restraining orders. Courts in Kentucky offer two distinct kinds of restraining orders. They are:

Emergency Protective Orders 

When a person accuses a family member of domestic violence, they have the right to petition a court to issue an emergency protective order (EPO). This injunction can prohibit the alleged abuser from:

  • Going to their alleged victim’s home or place of business
  • Calling, messaging, or otherwise trying to contact the alleged victim
  • Contacting their alleged victim’s friends and family members
  • Causing damage to the alleged victim’s home or personal property
  • Spending time with their own children
  • Living in their own home

Per Kentucky family law, emergency protective orders may stay active for as long as 14 days. However, if a judge believes that the victim remains in danger at the end of those two weeks, they can opt to extend the EPO.

Permanent Protective Orders

When courts in Kentucky convict a person of domestic violence, they can upgrade their EPO to a PPO (permanent protective order). Enhancements of this nature typically occur after a brief hearing.

The restrictions outlined in permanent protective orders are typically quite similar to those in emergency protective orders. However, these restraints do not expire after 14 days. They can last for up to three years.

Would you like to have a seasoned defense lawyer from our Kentucky law firm aid you with your fight to avoid facing the negative consequences of a domestic violence conviction? If so, please do not hesitate to give us a call or contact us online to arrange a free consultation at our legal office in Lexington. We have an in-depth understanding of the law, and we are ready to stand up for you.

Defenses Against Domestic Violence Charges in the State of Kentucky

When facing domestic violence charges, Lexington residents often think it is just a matter of time before a court finds them guilty and forces them to spend time in jail, pay a fine, or live with a criminal record.

However, with the help of a customized defense strategy, it is sometimes possible to get these charges dismissed or reduced without punishments. Some of the most effective defenses in these types of cases include:

Lack of Evidence

To convict someone of a crime in the United States, the prosecution must prove their guilt beyond a reasonable doubt. When defense lawyers argue that the state has not presented enough evidence to meet this standard, they can often convince the jury to acquit their client.

Self-Defense

It is not illegal for a Lexington resident to come into physical contact with family members while defending themselves. When an attorney can prove that their client acted in self-defense, they can usually get the jury to find them not guilty.

Constitutional Rights Violations

When investigating and arresting Lexington residents, police officers must respect their constitutional rights. If an attorney can show that their client was the victim of a civil rights violation, they may be able to get their case dismissed.

Would you like to have a skilled attorney from Oakley & Oakley, LLC, take a look at your case and help you devise an effective defense strategy? If so, please reach out to us today to set up a free consultation at our office in Lexington. We have the legal skills and statutory knowledge required to provide you with the assistance you need.

A Lexington Domestic Violence Lawyer You Can Count On

Whether the allegations of domestic violence are false, exaggerated, or true, you deserve the opportunity to defend yourself. Call Oakley & Oakley, LLC, for help. Our Lexington domestic violence attorneys have 15+ years of experience representing clients against serious criminal charges – and getting positive results along the way. To learn more about how we can assist you, all you need to do is contact our law office. There’s no charge for your first case evaluation.