Few criminal accusations carry as many collateral consequences as domestic violence charges. If you or a loved one has been accused, understanding how these pieces fit together is the first step in protecting your rights, your family, and your future.
At JPS Law, we regularly represent people in Lexington and across Kentucky who are navigating a criminal case on one side, and a civil protective order on the other. Learn more about how we work with clients who are experiencing charges that deal with these complex areas of the law.
What Counts as Domestic Violence Under Kentucky Law
Kentucky defines domestic violence and abuse broadly under KRS 403.720. The statute covers cohabiting relationships between family members, members of an unmarried couple living together or formerly living together, and certain other close relationships. The statute applies to:
- Physical injury
- Stalking
- Sexual abuse
- The infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault.
Criminal Charges vs. Civil Restraining Orders
When police respond to a domestic disturbance in Kentucky, an arrest is often required if officers have probable cause to believe an assault or other qualifying offense occurred. The underlying charges may include assault, menacing, terroristic threatening, strangulation, or violation of a protective order. Penalties depend on the degree of the charge and can range from misdemeanors to serious felonies.
At the same time, an alleged victim can petition the district or family court for a protective order. This isn't a criminal proceeding—the state isn't prosecuting anyone—but the consequences are real and immediate.
A single underlying allegation can trigger two entirely separate legal proceedings—a criminal prosecution and a civil protective order—and they both run on their own schedules concurrently.
DVO vs IPO Orders in KY.
For people whose relationships don't fit the statutory definition of cohabiting relationships between family members or members of an unmarried couple, Kentucky provides a parallel track under KRS 456 called an Interpersonal Protective Order (IPO).
EPOs and DVOs: What's the Difference?
- Emergency Protective Order (EPO): An EPO can be issued the same day a petition is filed—without the respondent being present or even notified. A judge reviews the petition and, if the allegations meet the statutory standard, signs an order that takes effect immediately. An EPO typically remains in place for up to 14 days, long enough to reach the full hearing.
- Domestic Violence Order (DVO): The DVO hearing is where both sides appear and present evidence. If the court finds by a preponderance of the evidence that domestic violence and abuse has occurred and may occur again, it can issue a DVO lasting up to three years under KRS DVOs can be renewed.
A DVO can order a respondent to:
- Stay away from the petitioner's home, workplace, and school
- Have no contact of any kind—including messages passed through third parties
- Vacate a shared residence, even if the respondent is on the lease or deed
- Surrender firearms
- Pay temporary support or temporarily award custody of shared children and restrict parenting time.
No-Contact Conditions and Pretrial Release
Even before a DVO hearing, the criminal court will almost always impose no-contact conditions as part of pretrial release under KRS. A no-contact order from a criminal judge operates independently of any civil EPO or DVO—and violating it can mean a new criminal charge and revocation of bond, regardless of whether the alleged victim initiated the contact.
A spouse who wants to "work things out" and sends a text first does not dissolve the order. Answering that message can land the accused back in custody.
How JPS Law Defends Domestic Violence Cases
Our team approaches domestic violence defense on both tracks at once. Depending on the facts, that can include:
- Contesting EPOs and DVOs at the full hearing, cross-examining the petitioner, and presenting evidence that challenges the statutory standard.
- Defending the underlying criminal charges including alleged violation of a protective order.
- Negotiating pretrial release conditions that protect a client's ability to work, see their children where appropriate, and maintain housing.
- Preserving firearm rights where the law allows.
- Coordinating with family court on custody, parenting time, and modifications to no-contact conditions.
Not every case is the same. A thorough defense starts by understanding the case actually in front of us—and then building a record that reflects the realities of the case.
When Should I Contact a Domestic Violence Attorney Near Lexington, KY?
Call immediately—before the arraignment if possible, and definitely before the DVO hearing. Call before speaking with police or before responding to any messages from the alleged victim or their family—even if they reach out first.
Contact JPS Law If You’ve Received Domestic Violence Orders (EPO, DVO, or IPO)
If you or a loved one has been served with an EPO, DVO, or IPO, or are charged with a domestic violence offense,
contact JPS Law to discuss your situation. We represent clients in Lexington and across Kentucky, and we understand the pressure these cases place on entire families.
Disclaimer: Every case is unique. This content is for general informational purposes only and does not constitute legal advice. Consult a legal professional like our team at JPS Law regarding your specific situation.
