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Volume 5/Issue 2 - THE EXCHANGE - April 2022

Volume/Issue Published:

Domestic Violence Order Reissuance

The family court considered the totality of circumstances when denying an extension of a DVO as the denial was based on substantial evidence. To reissue a DVO there must be some showing of a continued need, in this case, the Petitioner simply did not present sufficient evidence to prove an ongoing need, despite being given a full opportunity to do so. Affirmed.

Interpersonal Protective Order

Despite any good intentions in entering the IPO to offer protection after the alleged one-time violent incident as described by the Petitioner, the family court failed to conduct a statutorily required evidentiary hearing before issuing the (non-temporary) IPO. Furthermore, the isolated violent incident alleged in the petition, by itself, did not constitute stalking as defined in Kentucky law. Thus, the IPO entered could not stand. Vacated.

Domestic Violence Order

The petition for a domestic violence order did not contain sufficient allegations to indicate that domestic violence and abuse existed under the statute and KRS 403.730(1)(a) does not require the court to set for reasons for dismissing the petition. Affirmed.

Violence Against Women; Evidentiary Issues; Voir Dire

The Defendant raised multiple evidentiary issues after being convicted of murdering the woman with whom he was in a dating relationship. Among the issues raised were prosecutorial vindictiveness, educating the jury during voir dire and evidence presented that the victim was afraid of the Defendant and wanted to get away from him and that he stalked her before her death. Affirmed.

Can Justice System Interventions Prevent Intimate Partner Homicide? An Analysis of Rates of Help-Seeking Prior to Fatality

In the United States, 32.9% of women are physically abused by an intimate partner in their lifetimes and one-quarter of women report severe intimate partner violence (IPV) in their lifetimes (Black et al., 2010). IPV leads to physical injury, ongoing physical and mental health problems, and homicide (Campbell, 2002; Devries et al., 2013; Kwako et al., 2011; Ruiz-Pérez, Plazaola-Castaño, Del, & Río-Lozano, 2007; Tadegge, 2008).
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