Incidents of domestic violence often result in two separate cases. There is usually a criminal case stemming from any alleged assault which can be a felony or misdemeanor depending on the nature of the assault and the defendant’s criminal history. In addition, family courts will often issue a temporary emergency protective order (EPO) or an interpersonal protective order (IPO) and subsequently conduct a hearing to determine if a longer term domestic violence order (DVO) or IPO should be granted.
The criminal case can result in jail or prison time, a no-contact order with the victim and the imposition of a batterer’s intervention program (BIP) which requires the defendant to attend and complete extensive counseling sessions. While family courts do not impose jail time, EPOs, IPOs and DVOs can require similar counseling, no-contact provisions and firearm restrictions.
John Harralson has the requisite experience to handle domestic cases in both criminal court and family court. He can identify whether the case is truly “domestic” under Kentucky law. Legally non-domestic cases are not within the jurisdiction of family court and are not subject to enhancement in criminal cases. Mr. Harralson can also identify and present any factual or legal defenses.