A protective shield around a home beside a courthouse

If you are in immediate danger, call 911. National Domestic Violence Hotline: 1-800-799-7233.

Yes. In Kentucky, a domestic violence order (DVO) can include temporary custody and support, and the presumption of joint custody does not apply to a parent who has a DVO entered against them. At Wise & Associates in Louisville, we represent both petitioners and respondents in Jefferson Family Court.

What Is the Difference Between an EPO and a DVO?

  • Emergency protective order (EPO). A judge can issue an EPO from the petition alone, without the other side present, when the petition shows domestic violence and an immediate and present danger (FCRPP 10). A hearing is generally held within 14 days.
  • Domestic violence order (DVO). A DVO is entered after a hearing where both sides can testify and present evidence. The judge must find, by a preponderance of the evidence, that domestic violence and abuse occurred and may occur again. A DVO can last up to three years and can be renewed.

Can a DVO Decide Custody?

A DVO can include temporary custody and temporary child support for the children involved (KRS 403.740). These terms protect the children while the order is in effect. Long-term custody is decided in a custody or divorce case, where the court considers the child's best interests.

How Does a DVO Affect a Custody Case?

  • The joint custody presumption. Kentucky presumes joint custody and equally shared parenting time are in a child's best interests, but that presumption does not apply to a parent who has a DVO entered against them (KRS 403.270).
  • Best-interest factors. Evidence of domestic violence is one of the factors the court must consider in every custody decision (KRS 403.270).
  • Timesharing limits. If timesharing would seriously endanger the child's physical, mental, moral, or emotional health, the court can restrict it, including by requiring supervised timesharing (KRS 403.320).
  • Relocation. A parent with an active EPO or DVO against the other parent is not required to disclose a new address when relocating (KRS 403.770).

What If the Allegations Are Not True?

A respondent has the right to a hearing before a DVO is entered. At the hearing, a respondent can testify, present messages, records, and witnesses, and cross-examine the petitioner. The petition is sworn, and the judge decides based on the evidence. Until the hearing, follow the EPO exactly, including any no-contact terms, even if the other parent reaches out.

How We Represent Petitioners

We help petitioners prepare the evidence, such as messages, photos, police reports, and witnesses, ask for the terms they need, including temporary custody and support, and present the case at the hearing.

How We Represent Respondents

We help respondents follow the order, preserve their evidence, prepare their testimony and the cross-examination of the petitioner, and protect what is at stake, including timesharing with their children, firearms rights, and any related criminal case.

How Wise & Associates Handles This

Frequently Asked Questions

Does an EPO give the petitioner custody?

An EPO or DVO can include temporary custody terms to protect the children while the order is in effect. Long-term custody is decided in a custody or divorce case.

Does a DVO mean I lose custody?

Not automatically. A DVO removes the joint custody presumption for the parent it was entered against, and the court weighs the domestic violence evidence with the other best-interest factors.

Can a DVO lead to supervised visits?

Yes. If timesharing would seriously endanger the child, a Kentucky court can restrict it, including by requiring supervision.

How long does a DVO last in Kentucky?

A DVO can last up to three years and can be renewed.

What should I do if I am served with an EPO?

Follow the order exactly, have no contact with the petitioner even if they reach out, note your hearing date, and talk to a lawyer before the hearing.

How much does a protective order case cost at Wise & Associates?

At Wise & Associates, protective order cases start with an upfront flat fee between $1,500 and $5,000, depending on how much litigation is required.

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Talk to a Louisville Protective Order Lawyer

Consultations are free and by phone. Book a time, then call the office at your scheduled time.

Wise & Associates: 303 Middletown Park Pl, Suite G, Louisville, KY 40243 · (502) 618-0000 · Book a free phone consultation

Attorney advertising. This article provides general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.