Louisville Domestic Violence Attorney
Being accused of domestic violence can turn your entire life upside down in a split second. I am an empathetic, aggressive and strategic criminal defense lawyer at Law Office of David von Wiegandt, and I will diligently protect your best interests if you are accused of a violent crime in Louisville, Kentucky.
When you have been accused of a crime, you must obtain the help of an attorney you can trust. Since 2012, I have fought zealously for the rights of those accused of domestic violence. With the promise of representation centered around you, I am prepared to defend your rights, reputation and freedom.
Understanding Domestic Violence Charges, EPOs And DVOs
Under Kentucky law, an individual accused of domestic violence can face criminal charges, be subject to a civil protective order or both. In these situations, the person accused of domestic violence is typically connected to the victim through a family relationship.
There are two types of civil protective orders that a person can request: Domestic Violence Protective Orders (EPOs and DVOs under KRS Chapter 403), which are available to family and household members; and Interpersonal Protective Orders (TIPOs and IPOs under KRS Chapter 456), which are available to victims of dating violence, stalking and sexual assault:
- Emergency Protection Order (EPO): This is a temporary, short-term court order issued ex parte (without your presence in court) where a judge finds an immediate threat of domestic violence. An emergency protection order provides immediate protection for a limited time; it usually lasts until a full court hearing can be scheduled (typically within 14 days).
- Domestic Violence Order (DVO): A DVO is only issued following a complete evidentiary hearing in court, which allows both parties to call witnesses. If a judge signs a DVO, it may remain in effect for up to three years and will prevent you by law from contacting the victim, going near their residence and owning guns.
Domestic violence allegations are not always just about family court and can involve criminal charges like terroristic threatening or assault. In fact, if you are charged, you need a Louisville domestic violence attorney who is willing to represent you during criminal proceedings.
Strategic Defenses And How A Lawyer Can Help
If you are currently subject to domestic violence accusations, you require a defense ally who meticulously examines every single fact of the case – and knows the law – to devise every possible defense. I understand these are highly volatile and personal cases that almost always proceed under an extreme amount of stress and emotion, not clarity. I can help protect your rights and future by:
- Gathering key evidence: I will seize, recover and document mobile telephone text messages, email, public social networking messages and personal phone voicemails that can expose the situation, including untrue and malicious claims and assertions.
- Locating witnesses: Identify and interview your neighbors, family, or anyone else who may have seen or can testify to what really happened.
- Challenging the alleged victim’s story: I will cross-examine witnesses and identify contradictory statements in their testimony.
- Proving self-defense: Explaining that what you did to defend yourself or your child was lawful.
I understand the profound concerns you have – from the fear of significant jail time to losing custody of your children or being barred from your home.
Frequently Asked Questions About Kentucky Domestic Violence Cases
Potential clients often ask me certain questions as their Louisville domestic violence attorney. Below, I have answered a few of the most common ones.
How long does a dismissed domestic violence case stay on your record?
If your charge was dismissed with prejudice in Kentucky on or after July 15, 2020, it is automatically expunged after 30 days, so you don’t need to file anything. If your charge was dismissed without prejudice, then you will need to file a petition to have the records expunged.
What evidence is needed for domestic violence?
During a civil DVO hearing, the judge will follow the “preponderance of the evidence” standard, which requires that the court believe that domestic abuse is more likely than not to have taken place and may be a future threat. This may require evidence such as photographs of injuries, hospital bills, police reports, texts, etc. To construct your defense, you and your lawyer must gather evidence to refute the petitioner’s evidence.
Can domestic violence charges be dropped?
In the state of Kentucky, only the prosecution has the right to either drop or dismiss criminal domestic violence charges. You may want the charges against your significant other/partner dropped and the state may still proceed with filing and/or prosecuting the case (and typically will). This is why retaining a quick-acting, proactive attorney who will tell your story to the prosecution is crucial.
Contact My Office Today
If you have been accused of domestic violence, there is simply no time to lose. The Law Office of David von Wiegandt is here to stand with you, hear your side and give you the best fight for your future. Reach my Louisville office today at 502-694-5948 or use the online contact form to schedule an appointment so you can get responsive legal assistance.