What is an Emergency Protective Order, a Domestic Violence Order, and how do they differ?
An EPO is a short term (no longer than 14 day) judicial order that is obtained without a hearing so the Court only gets the alleged victim’s side of the story. A DVO is granted after a hearing with both sides being present. It may last up to 3 years and can be renewed. An EPO/DVO forbids a person from harming or contacting a spouse or live-in boyfriend, girlfriend, or relative. This may often include granting a spouse custody, child support, and even alimony. Under Kentucky law, judges must grant an EPO/DVO if it appears that violence threatening significant bodily harm has or may occur. Often times, the threshold for granting an EPO/DVO is quite low. In an article published by the Louisville Courier Journal, it was claimed that almost one half of all the Kentucky EPO/DVO cases filed were made on false claims that were filed to obtain an advantage in the parties’ divorce.
