If you are in immediate danger, call 911. The National Domestic Violence Hotline is available 24 hours a day at 1-800-799-7233.
A DVO hearing in Jefferson County is a court hearing in Jefferson Family Court where a judge decides whether to enter a domestic violence order (DVO). It usually follows an emergency protective order (EPO) and is generally scheduled within 14 days. Both sides can testify and present evidence. The judge enters a DVO if they 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.
How does a DVO case start?
- The petition. The person seeking protection, the petitioner, files a sworn petition describing what happened.
- The EPO. If the petition shows an immediate danger, a judge can issue an emergency protective order right away, before the other person is heard.
- Service. The respondent must be formally served with the petition, any EPO, and the hearing date.
- The hearing. A hearing is generally scheduled within 14 days. If the respondent has not been served by then, the hearing is usually continued and the EPO stays in effect.
DVOs cover family members and members of an unmarried couple. Dating violence, sexual assault, and stalking are handled through a separate interpersonal protective order (IPO), which follows a similar process.
What happens at the hearing?
- The petitioner testifies first, describing what happened and why protection is needed.
- The respondent can testify and respond to the allegations.
- Both sides can present evidence, such as photos, texts, voicemails, police reports, medical records, and witnesses.
- Each side can ask the other questions, either directly or through a lawyer.
- The judge decides. DVO hearings are decided by a judge, not a jury, often at the end of the hearing.
Hearings can be short. Come organized, and focus on specific incidents: what happened, when, and who saw it.
What does the judge have to find?
The judge must find, by a preponderance of the evidence, meaning more likely than not, that domestic violence and abuse occurred and may occur again. Domestic violence and abuse includes physical injury, serious physical injury, strangulation, stalking, sexual abuse, assault, and the infliction of fear of imminent physical injury.
What are the possible outcomes?
- DVO granted. The judge enters a DVO lasting up to three years, which can be renewed.
- Petition dismissed. The judge finds the standard was not met, and any EPO ends.
- Hearing continued. The hearing is moved to a later date, often because the respondent was not served. The EPO usually stays in effect in the meantime.
What can a DVO include?
- No contact with the petitioner, and staying away from their home, work, or school
- Temporary custody of children and temporary child support
- Directions about the residence and personal property
- Counseling
- Firearm restrictions. Federal law prohibits possessing firearms while subject to certain protective orders.
Violating a DVO is a crime, even if the protected person initiates contact.
If you are the petitioner: how to prepare
- Write a timeline of incidents with dates, including the most recent one.
- Gather evidence: photos, printed texts and emails, voicemails, police report numbers, and medical records.
- Bring three copies of every document, one each for the judge, the other side, and you.
- Arrange witnesses ahead of time.
- Do not contact the respondent, even to discuss the case.
If you are the respondent: how to prepare
- Follow the EPO exactly, including any no-contact and stay-away terms, until the hearing.
- Do not contact the petitioner, directly, through friends, or on social media.
- Gather your evidence and witnesses.
- Talk to a lawyer before you testify, especially if there is also a criminal charge. Anything you say at the hearing can be used in the criminal case.
- Understand what is at stake. A DVO can affect custody, firearm rights, housing, and employment.
How does a DVO affect custody?
In Kentucky, the presumption that joint custody and equal parenting time are in a child's best interests does not apply to a parent who has had a DVO entered against them, and domestic violence is a factor the court must consider. Read how protective orders affect custody.
How Wise & Associates can help
Wise & Associates represents both petitioners and respondents in DVO and IPO hearings in Jefferson Family Court and surrounding Kentucky counties. Fees are staged flat fees, never hourly, with upfront fees from $1,500 to $5,000 depending on the case type and how much litigation is required. See how pricing works.
DVO hearings move quickly, so call as soon as you are served or have filed: (502) 618-0000, or book a free phone consultation. Learn more about protective orders.