How to Drop an EPO in KY | Full Procedure Discussed By Expert
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Do many people ask how to drop an EPO in KY? According to Kentucky law, domestic violence and abuse include one or more of the following acts among the family members or unmarried couples, sexual abuse, physical injury, assault, or putting someone in fear of sudden physical injury. So, the destruction of the physical property alone is not domestic violence. This, unless they associate it with threatening behavior.
In Kentucky, an instant protective order by the court is an Emergency protective order ((EPO)). Can you get without the full hearing of court and the without the presence of the abuser? After the court issues the grant for EPO, the abuser gets the notification about the date and time of the court’s hearing. So, there is a notification against him.
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So if you want to know how to drop an EPO in Kentucky, follow the required procedure.
Why File an EPO
The eligibility criteria for filing an ((EPO application)) will appear below. The applicant must have:
- Sexually assaulted or sexually abused you
- Physically injured or assaulted
- Stalked you physically threatened or injured
- Do something wrong to you in fear of pending physical injury or sexual abuse.
Types of Emergency Protective Orders
The court can issue emergency protective orders, abuse and dating violence, and sexual assault for domestic violence cases. The protective order cases are not like the criminal cases, as the protective order cases may file to stop future acts of abuse and violence. The county attorney normally handles the criminal cases that can prosecute the respondent for abuse or violence in different places.
Temporary protective orders: are the short-term orders that seek to stop abuse and violence by restricting the respondent’s activities. This, until the court’s hearing normally comes within ((14 days)). Temporary protective orders may issue in the domestic violence cases for dating and sexual assault cases.
Long-term protective orders: The interpersonal and domestic violence cases can go up to three years. That’s why these cases are part of the long-term protective orders. So, these cases also restrict the respondent from preventing acts of abuse and violence.
How to Drop an EPO in KY
The procedure to get an EPO order is different in the different states and even in the states. So, to get the EPO, a victim can directly contact the police to take help in some jurisdictions. The police department can contact a court and judge instead of the victim and ask the court to issue the order of EPO.
This is a suitable condition for those victims who feel fear to get the safety for their survival if they do not get the protection from the abuser immediately. However, to drop an EPO in Kentucky you should follow these steps.
Filing of petition
For an emergency protective order, you have to file a petition in court. So, visit the office of the circuit court clerk in your county where you are existing living or in the county of residence. This, if you have left your house where you got the abuse. In every Kentucky County, there is an office of circuit court working for filing the petition cases. You can select the county and get the information from https://courts.ky.gov/courts/clerks.
- You can get the protective orders at any time of the day because they offer 24 hours’ service
- For filing the petition, you don’t have to pay any fees as it is free for all
- You should contact the local law enforcement for help in obtaining the protective orders after the business hours
How to File a Petition?
You have to submit all the necessary information and data about yourself and your respondent. You should give them as much information as the respondent’s date of birth, address, and social security number. So it will be easy for the office staff to serve the respondent with the required issued notice. It is good that you keep as a secret your date of birth. Also your address, and all data you consider keeping a secret.
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The officials will ask about your and the respondent’s children to get the protection in the best way. You can request the application of protection that you think is proper for your situation under the “Motion for relief. You have to provide the affidavit that the information you provided is true to the greater extent.
After filing the petition
Instantly the court submits the petition to a trial commissioner or a judge for revising. If the judge issues the order for EPO, then the schedule for the court hearing will be whether a long-term order is required or not. You will get a notification in which they include the date and time of the hearing.
If you do not get any notification about the court’s hearing, you should check with the circuit court clerk’s office. The law enforcement will then issue the protective order or summon to the respondent. A protective order has no value until the respondent gets a copy of the order or the notification of the emergency protective order issued by law enforcement.
- If the respondent has been served, you can contact the assigned service listed to find the update.
- An emergency protective order is effective within 14 days of the court hearing.
- Suppose the respondent is not served with the notification of EPO. In that case, the order will continue until they serve the service. This usually takes up to six months, or until the court withdraws the notification.
- If you do not get the protection by the court to date, you will need to appear in the court hearing according to the schedule assigned.
- The judge is only responsible for issuing the new date of hearing and can change the order.
The court can excuse you from the court appearance in the future.
It depends on the circumstances and the conditions of the case. For up to six months, if the EPO remains unserved, you will get the notice from the court at your previous address. The notice will inform you that the order will expire and that you have to contact the circuit court clerk’s office to file the new petition if you want to continue the case.
The documents required at the court hearing
As this is the court’s hearing, and you have to bring any witnesses, you may have essential documents like police reports, medical records, and photos, which may be good evidence of the event. You have to get the forms of summons from the circuit court clerk for any witnesses. If you ask for child support, you have to provide the tax returns and pay stubs, if it is possible for you. All of this information and data are part of the court records.
Frequently asked questions
Can someone drop an EPO?
The parties will need to agree to file a dismissal and then file the petition for the order may drop. There is no need to keep an order of protection without a prosecuting lawyer if parties don’t have interest in the order remaining active.
Can an EPO be dropped in front of the court?
Unluckily, we cannot help you drop an EPO altogether. Still, we can make a negotiation with the crown to vary some of the conditions. This offers you to see your child or have some limited communication. An EPO remains in effect for a year unless the complainant plans to have it dropped.
What happens if you break an EPO notice?
Violating a criminal protection order is a class 1 misdemeanor. On the first offense, you may be in jail for 6 to 18 months and have to pay fines up to 500$ to $5000. Any subsequent offense is a class 1 extraordinary risk misdemeanor with a penalty or fine of 6 to 24 months in jail.
What happens if EPO is not served?
In case the respondent is not served by the date of the court hearing: The court has the power and authorization to keep an EPO in place for up to six months. In this situation, the court will regularly review the case essentials normally at the two weeks intervals.
What happens if the EPO expires?
When the EPO expires, the TRO will take effect for 20 to 25 days. After issuing the court-approved form and sufficient evidence has been submitted, the judge can permanently authorize the temporary restraining orders.
To conclude, an emergency protective order works like a restraining order and can be effective much more quickly in many ways. A court order restricts one person from indulging in committing certain illegal and harmful acts against any other person. So, an emergency protective order also exposes the victims of stalking and the cases of harassment. In most states, the different orders come in the head of the harassment and stalking by some unknown person who is not a family member.
Therefore, whether it is an EPO order or any other notice of a different title, the order aims to contribute to the safety of the victims until the next protective order can be put in place after filing the petition.
I’m a driven and accomplished law graduate and post-graduate, passionate about sharing my legal expertise via my blog. I hold a Bachelor’s degree in Law from the University of London (UK) and a Master’s in Law from the University of Derby (UK). Both gave me the foundational knowledge and skills to excel in my chosen career path.
Throughout my academic journey, I have gained extensive knowledge in various fields of Law, including Corporate and Business Law in the USA, Criminal Law, International Law, US Copyright law, and most importantly, American Constitutional law.
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