Were you recently served with a restraining order in Lexington, KY? Many times, restraining orders are issued on allegations that are false or highly exaggerated.
Even if the allegations are based in truth, the limitations in the protective order tend to be overboard. You deserve to have the opportunity to defend yourself and fight back.
Getting an experienced Lexington restraining order lawyer from Oakley & Oakley, LLC in your corner is a great start. Contac tour law office in Lexington, Kentucky to arrange a time to discuss your options today.
How Oakley & Oakley, LLC Can Help If You’re Served With a Restraining Order in Lexington
Hiring a knowledgeable criminal defense lawyer in Lexington from Oakley & Oakley, LLC, is an excellent first move in the battle to get a court-ordered injunction dismissed or modified. Here are just a few of the ways our team can assist you with your case:
- Provide you with a detailed overview of your legal options
- Look for evidence that may help you get your injunction dismissed
- Offer you sound legal advice and guidance when required
- Help you understand Kentucky restraining orders work
- Devise a strategy to try to get your protective order dismissed
- File documents with the court on your behalf
- Provide you with straightforward answers to your legal questions
- Conduct an investigation into the events that led to your injunction
- Argue on your behalf at your restraining order hearings
Are you ready to have an experienced lawyer from Oakley & Oakley, LLC, help you fight back against your restraining order? If so, please give us a call today to set up a free consultation at our law offices in Lexington. We know how to secure favorable results in cases like yours, and we are more than ready to go to battle for you.
What is a Kentucky Restraining Order?
A Kentucky restraining order is an injunction that is signed by a judge and protects a person from harassment or abuse. Courts typically issue these orders when an individual carries out one of the following actions toward a family member:
- Sexual abuse
The knowledgeable attorneys at Oakley & Oakley, LLC, have helped many Kentuckians battle back against injunctions issued in their names over the years. If you would like to have us do the same for you, all you need to do is pick up the phone and reach out to us at your earliest convenience.
Types of Restraining Orders in the State of Kentucky
There are two distinct types of restraining orders in the state of Kentucky. They are:
- Emergency Protective Order (EPO), and
- Domestic Violence Order (DVO)
When Lexington residents feel that they are a victim of domestic violence or abuse, they can file a request for an emergency protective order with a county court. A judge can issue an injunction of this nature without seeing any concrete evidence of the petitioner’s claim. They only have to believe that the petitioner is in immediate and present danger.
Emergency protective orders can prevent the subject from calling, texting, visiting, or otherwise contacting the alleged victim. They last for a total of 14 days. As such, courts sometimes refer to an EPO as a temporary order.
When Kentucky judges grant EPOs, they also set a date and time to hold a hearing. This hearing gives both parties, and their lawyers, a chance to tell their side of the story.
If, after hearing arguments from all sides, a judge rules that the petitioner is the victim of abuse or may be subject to future domestic violence, they may issue a domestic violence order.
A DVO offers many of the same protections as an EPO. However, it will not expire after 14 days. Instead, it can last for as long as three years.
Has a Fayette County judge issued a temporary or long-term order in your name? If so, please get in touch with an experienced defense lawyer from Oakley & Oakley, LLC, as soon as possible. We will work tirelessly to try to get your injunction lifted or modified.
Common Restrictions in Kentucky Restraining Orders
EPOs and DVOs can have a massive negative impact on a subject’s ability to live their life. These injunctions generally include clauses that can stop them from:
- Contacting the petitioner
- Contacting the petitioner’s family
- Visiting the petitioner at their home, school, or business
- Visiting the petitioner’s family at their homes, schools, or business
- Coming within 500 feet of the petitioner
- Committing any further acts of violence
In addition to these restrictions, protective orders can force subjects to:
- Grant temporary child custody to another party
- Pay child support to the petitioner
- Leave their family home
- Preserve or maintain the petitioner’s property
Do you believe that the rules and restrictions described in your Kentucky restraining order are too severe? If so, please reach out to the legal team at Oakley & Oakley, LLC, as soon as you can. Our attorneys might be able to use their extensive legal experience to help you modify your injunction.
How to Adhere to Restraining Orders in Kentucky
With all of the regulations outlined in Kentucky protective orders, subjects often find it tough to know what actions they should take to adhere to the terms of their injunction and stay on the right side of the law.
Though every EPO is DVO are different, subjects can almost always steer clear of trouble if they:
- Continue going to work or school as normal
- Do not attempt to destroy any potential evidence
- Refrain from threatening the petitioner or any witnesses
- Do not try to visit the petitioner or their family
- Refrain from trying to contact the petitioner or their family
- Do not attempt to sell or destroy the petitioner’s belongings
- Enlist the services of a knowledgeable defense attorney
Do you need a seasoned defense lawyer to help you stick to the terms of your Kentucky EPO or DVO? If so, please do not hesitate to call Oakley & Oakley, LLC, in Lexington. Our legal team has many years of experience in the industry, and we would be happy to give you the assistance you need.
Consequences of Violating Kentucky Protective Orders
People who do not adhere to the terms of their Kentucky EPO or DVO can get into a lot of trouble. Judges can classify violations of these injunctions as contempt of court or as a Class A misdemeanor.
The penalties for violating restraining orders in Kentucky include:
- Jail Time: Kentucky courts can sentence people who fail to adhere to the terms of their injunction to 12 months in jail.
- Fines: Individuals who violate EPOs and DVOs may get fines of up to $500.
- GPS Monitoring: Courts can force violators to wear ankle monitors – at their expense.
- Injunction Upgrades: If an individual violates an EPO, a judge may move to upgrade it to a DVO.
- Counseling: Courts often require people who violate injunctions to attend counseling sessions.
- Parole Revocation: If someone breaks a protective order while on parole, courts can put them back behind bars.
Individuals who violate EPOs and DVOs in the state of Kentucky also tend to end up with permanent criminal records. This record can cause them to endure collateral consequences, such as:
- Trouble Finding a Job: Employers in Lexington tend to shy away from hiring people with criminal records.
- Professional Licensing Problems: Convicted criminals often have trouble renewing their professional licenses.
- Immigration Issues: Permanent residents frequently find it tough to get their Green Card renewed when they have a criminal record.
- Trouble Finding a Home: Landlords in the state of Kentucky often refuse to rent homes to people with criminal records.
Would you like to have an experienced lawyer from Oakley & Oakley, LLC, help you fight to avoid the negative consequences of violating an EPO or DVO? Then please reach out to us today to arrange a free consultation at our Lexington law office and take the first steps toward creating a strong attorney-client relationship.
Defenses Against Charges of Restraining Order Violations
When Lexington residents face criminal charges for violating their EPO or DVO, they often believe that it is just a matter of time before a prosecutor convicts and penalizes them. However, they can often escape punishment by:
- Claiming that the petitioner never served them with the injunction
- Proving that they were in another location at the time the alleged violation occurred
- Claiming that they struck the petitioner to defend themselves or others
- Showing that the petitioner has a history of lying about events of this nature
- Claiming that a law enforcement officer or prosecutor violated their constitutional rights while investigating their alleged violation
The skilled lawyers at Oakley & Oakley, LLC, have been helping Lexington residents fight back against protective orders for years. As such, we know which defense strategies work best in a given situation. To have our team analyze your case and help you put together an effective defense, all you need to do is give us a call or contact us online.
Your Trusted Lexington Restraining Order Lawyer
Do you need a Lexington restraining order lawyer to help you battle back against a DVO or EPO? If so, there is only one firm you need to contact – Oakley & Oakley, LLC. Our legal team has the experience and knowledge required to handle any case, and we are ready to fight for you.