Episode 9: George S. Lamb is a Louisville divorce attorney. In this episode, he’ll discuss Emergency Protective Orders (EPOs) and Domestic Violence Orders (DVOs). He’ll also briefly comment on Interpersonal Protective orders (IPOs). Unfortunately, these can come into play before during and sometimes after a divorce proceeding.
George has represented clients who need to file and EPO or DVO. At the same time, he has also defended clients who have had and EPO or DVO filed against them.
What Is an Emergency Protective Order (EPO)?
An emergency protective order can be taken out when you have an immediate or present danger. That person would swear out a petition (e.g. file a petition). This is usually a civil protective order. If the individual is in fear of an impending, violent situation, they would go to the Domestic Violence Intake Center and swear out a warrant. The petition goes before a family court judge “ex parte,” which means the other side doesn’t have any input or say in the accusations.
The judge will review the petition and decide whether the EPO is entered. It’s not a 100% guarantee that the petition for an EPO is granted. If the EPO is entered, a domestic violence hearing will be scheduled. The determination made at the hearing will determine whether a domestic violence order is entered.
There could be delay of a couple of weeks or more between when the EPO is entered and when the DVO hearing takes place.
There may be a criminal circumstance in which an assault has taken place. This would be a criminal charge. This could also be that the individual filed a criminal charge against the other party. At the same time, there’s a chance the individual didn’t fit into the primary categories or class a domestic violence order protects. For instance, two friends to get into a scuffle. An EPO wouldn’t apply to either.
Another example would be a situation in which someone violates an EPO. This can result in a criminal charge. If either party violates the terms of the EPO, that could also result in a criminal charge.
If either party violates the terms of a DVO, it could either result in a contempt charge in family court or potentially a criminal charge (including the potential of a felony charge).
Who Does a Domestic Violence Order Protect (DVO)?
A DVO is a final order by the court, but it’s not the first order that someone gets. The process actually begins when someone takes out an Emergency Protective Order (EPO). An EPO may or may not become a DVO.
A domestic violence order involves a familial relationship. This could include a spouse, former spouse, and unmarried person with whom you have a child in common, someone you live with or used to live with, the parents or step-parents, child and other family members.
What is an IPO?
In Interpersonal Protective Order (IPO) is very similar to an EPO, but in this case, the couple isn’t married. This typically applies to “dating violence.” This might involve a couple who isn’t living together. It could include situations involving stalking, sexual assault or other charges.
IPOs are handled in district court, as they are not a family court proceeding.
Domestic Violence is about Power and Control
George explains the domestic violence can occur when someone attempts to exert power and/or control over another individual. Physical violence and sexual violence are common examples. Anger is a by-product of not getting what the offender wants.
However, there are subtle examples of domestic violence. When someone is coercive or threatening. This could include threatening self-harm to get what he/she wants. Intimidation and/or emotional abuse are also examples of domestic violence. Gaslighting can be a form of subtle, domestic violence. These types of relationship dynamics can make it very difficult for the victim to leave the relationship.
Control of the finances (economic abuse) can be used as a form of domestic violence. This is related to preventing someone from getting a job, in an effort to control them.
Isolating the victim from having friends or spending time with their family members. Using the children as weapons against the victim might also occur.
The Legal Process Involving Domestic Violence Orders
The process typically begins with an EPO being filed and subsequently entered. The hearing will be scheduled. It’s important to note that the two people involved will need to separate (“no contact”) during the period. This may require one person to move out of the house, until the hearing. They will typically need to stay 500 feet away from each other.
At the hearing, both sides will be able to address the judge. Both side usually have an attorney present. The judge will try to determine whether there is a preponderance of the evidence that would necessitate the domestic violence order being entered. This is a lower standard than “reasonable doubt.”
It’s a relatively fast-moving hearing. It could involve the presentation of testimonies, documentary evidence, photographs, medical records, videos, texts, etc.
If the court decides it’s more likely than not that domestic violence has occurred, and may occur again, the DVO will be entered. The temporary EPO can become more permanent. The terms of a DVO can last up to 3 years. The guilty party will need to surrender any weapons in his/her possession. The DVO can be renewed.
Child custody issues can be impacted by a domestic violence order. The court could even award temporary child support to be paid during the term of the DVO separation. The judge may need to enter a supervised parenting time schedule. DVOs are very restrictive.
Dealing with False Allegations of Domestic Violence
Unfortunately, not everyone tells the truth. You may need to be defended because of the ramifications of a domestic violence order. In the worst cases, people may file false allegations of domestic violence as a way to gain leverage during a divorce.
Someone might do this to get someone removed from the house or to gain an advantage with custody of the children. That’s not to say that many allegations are accurate and should be treated accordingly.
However, if someone has taken out an EPO against you, you’re going to need to be defended. Contact an attorney to represent you.
IF YOU NEED TO FILE AN EMERGENCY PROTECTIVE ORDER (EPO)
In Jefferson County, go to the Domestic Violence Intake Center. Each county should have a similar center to assist you.
Website: https://louisvilleky.gov/government/county-attorney/domestic-violence-intake-center
The National Domestic Violence Hotline is:
Phone: 800-799-7233
Text: Text the word BEGIN to 88788
Is It Time to Contact George?
If you answered yes, the best way is to reach out to him on his cell phone at (502) 640-9797. You can call and/or text him. He’ll be happy to speak with you.
In the next episode, George will shift focus and provide an Overview of Motor Vehicle Accidents, so be sure to follow this podcast for new episodes.
We hope you enjoyed today’s episode. The information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship. However, if it is time for a lawyer, George is ready to listen. He’d appreciated it of you’d consider sharing this episode on your social media.
Going forward, we’ll launch a new episode every other week. You can connect with George on the firm’s Facebook page, on the website, as well as on Spotify, iHeartRadio, Apple Podcasts and other platforms. Lamb & Lamb, PSC is located at 4310 Robards Lane, in Louisville. The office phone number is (502) 451-6881.
