Kentucky dating violence bill
The law would require victims to get a long-term protective order and give their landlord a written 30 days notice to break their lease.
The victims alleged abuser would be responsible for any income losses incurred by the landlord resulting from premature termination of a lease.
The Circuit Court shall enter a decree of dissolution of marriage if the court finds that one (1) of the parties, at the time the action was commenced, resided in this state, or was stationed in this state while a member of the armed services, and that the residence or military presence has been maintained for 180 days next preceding the filing of the petition.
[ Kentucky Statutes - Title 35 - Chapter: 403.140] If both of the parties by petition or otherwise have stated under oath or affirmation that the marriage is irretrievably broken, or one of the parties has so stated and the other has not denied it, the court, after hearing, shall make a finding whether the marriage is irretrievably broken.
The court may order a conciliation conference as a part of the hearing.
[Based on Kentucky Statutes - Title 35 - Chapter: 403.170] If a party requests a decree of legal separation rather than a decree of dissolution of marriage, the court shall grant the decree in that form unless the other party objects, in which latter event the other provisions of this chapter shall apply.
“Member of an unmarried couple” refers to people who have a child or children together. At trial, the jury (or the judge, if the case is tried without a jury) may choose to convict the defendant of a misdemeanor instead of a felony. Instead, after reviewing the petition, the judge may issue an emergency protective order if the allegations in the petition indicate that an immediate danger of domestic violence exists. § § 403.760, 403.761, 403.763) A respondent to a domestic violence protective order also commits a crime by entering a domestic violence shelter while the protective order is in effect. An experienced attorney will evaluate the allegations against you and provide important guidance throughout the process.
As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity.
The Kentucky House of Representatives passed the bill by a vote of 90 to 3.
The bill goes to the state Senate for consideration.
On October 15, Legal Aid of the Bluegrass will host , a free all-day event that seeks to answer some of the questions expected to come from the expanded domestic violence laws.
Currently, in Kentucky, couples who do not live together, do not have a child together, and who are unmarried are not protected under the current emergency protection order process.
If there is a finding of domestic violence, the court shall not order mediation unless requested by the victim of the alleged domestic violence and abuse, and the court finds that: (1) The victim's request is voluntary and not the result of coercion; and (2) Mediation is a realistic and viable alternative to or adjunct to the issuance of an order sought by the victim of the alleged domestic violence and abuse.