Domestic Violence

Domestic Violence Prosecutor
 Meridith Oliver

• Acts of Domestic Violence occurs every 18 seconds in the United States
• Between two and four million American women a year are battered by their husbands or boyfriends.
• Each year in Kentucky approximately 28,000 protective orders are issued, and 30,000 incidents of spouse abuse are reported to the Cabinet for Families and Children, and each month more than 5,000 women and children take shelter in a spouse abuse center.
• More women are injured or killed by their partners than by rapes, auto accidents, and muggings combined.  It is the leading cause of injuries for women ages 15-44 years.
• Abusers are unlikely to stop the abuse without intervention.  They must accept responsibility for their actions and seek resources to help them change. Even then, it is difficult to make permanent changes.
• Domestic violence is a pattern of intimidation and abuse that a batterer uses to control his partner.

Abuse comes in many forms: 

• Physical abuse - pushing, punching, choking, kicking, burning, biting, spitting, shooting, stabbing
• Sexual abuse - unwanted touching, sexual name calling, using violence with sex, forcing sex 
• Emotional abuse - name calling, humiliation, abusing pets, threats to harm, destroy property, kidnap children or commit suicide, displaying weapons, stalking, limiting your contact with others, denying the abuse or blaming it on you or others. 
• Economic abuse - preventing you from getting a job or keeping one, not allowing you access to the family.

McCracken County Courts have a written protocol which mandates 24-hour accessibility to emergency protective orders (EPO).

During regular Courthouse hours (8:30 a.m. - 4:30 p.m.), anyone needing to file a petition for a protective order may process the forms from the District Court Clerk's Office on the second floor of the Courthouse. 

The Victim's Advocate is available to assist in completing the forms.  The Family Court judge will review the petition and sign the EPO if all the requested elements are met.  In the absence of the Family Court judge, any District Court or Circuit Court judge can sign the EPO.

The petitioner (the person asking for the protection order) will be given a date on which to appear for a hearing.  The respondent (the person against whom the EPO is issued) will be ordered to appear at that hearing, where the Family court judge will determine whether a Domestic Violence order (DVO) will be issued. 

A DVO may be in effect as long as three years.  When the EPO is served on the respondent, it is in full effect and any violation of its conditions by the respondent will be prosecuted.  The police and sheriff departments are made aware of the existence of EPO's and DVO's by a computer system called LINK network.

In an emergency situation during non-office hours, you can get assistance filling out the petitions by a Paducah Police Officer or a McCracken County Sheriff's Deputy or by representatives of Women Aware, Inc., (The Purchase Area Domestic Violence Center.)

The McCracken County Attorney's Office employs a full-time special prosecutor for Domestic Violence cases.  This prosecutor works under a federal grant funded through the Violence Against Women Act.

All cases involving Domestic Violence are aggressively prosecuted with strict adherence to a "no-Drop" policy.  Victims are advised of this fact and are informed that the offense is actually against the Commonwealth of Kentucky, not the individual victim.

KRS 403.720(1) defines Domestic Violence and abuse as "physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse or assault between family members or member of an unmarried couple.

"Family member" means a spouse, former spouse, parent, grandparent, child, stepchild, or any other person living in the same household as a child IF the child is the alleged victim.  "Member of an unmarried couple" means each member of an unmarried couple which allegedly has a child in common, any child of that couple, or a member of an unmarried couple who are living together or who have formerly lived together. This includes same-sex couples if they live together or have formerly lived together.

There are many crimes that may be charged as Domestic Violence.  The most commonly charged are: Assault 4th degree, Terrorist Threatening, Menacing, Violation of a Protective Order, Harassment, Harassing Communications, Criminal Mischief, Unlawful Imprisonment, Wanton Endangerment and Stalking.

A victim of Domestic Violence should immediately call 9-1-1 and report the crime. If the perpetrator is still at the scene and the officer is convinced there is probable cause to believe a crime has been committed, he (the officer) will make an arrest.  If the perpetrator has fled the scene, it becomes necessary for the victim to obtain a copy of the officer's report (usually the next day) and take the report to the County Attorney's Office. During this time, the victim may try to obtain an emergency order of protection through the law enforcement officer.  The victim should call first and make an appointment with the Domestic Violence prosecutor, who will prepare a formal charge based on the officer's report.