Kentucky Motion for Expungement of Emergency-Temporary Order of Protection is a legal document filed in the state of Kentucky which requests the court to expunge or remove an Emergency-Temporary Order of Protection. These orders are generally issued when one party believes they are in danger of physical or emotional harm from the other. The motion must be filed in the same court in which the order of protection was issued, and it is up to the court to decide if the expungement will be granted. There are two types of Kentucky Motion for Expungement of Emergency-Temporary Order of Protection. The first is a Motion to Expunge a Temporary Order of Protection, which is filed by the party who is the subject of the order. This motion must be accompanied by a notarized affidavit from the petitioner, stating that the order is no longer necessary and that they no longer believe they are in danger. The second type is a Motion to Expunge an Emergency Order of Protection, which is filed by the respondent. This motion must be accompanied by a notarized affidavit from the respondent, stating that the order is no longer necessary and that they no longer believe they are in danger. In both cases, the court must consider the facts of the case and determine if there is sufficient evidence to grant the expungement. The court may also consider the petitioner’s criminal background, as well as any evidence of a violation of the order. If the court grants the expungement, the order of protection will be removed from the petitioner’s record, and they will no longer be subject to the terms of the order.
Kentucky Motion for Expungement of Emergency-Temporary Order of Protection
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How to fill out Kentucky Motion For Expungement Of Emergency-Temporary Order Of Protection?
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FAQ
If a violation of an EPO or DVO occurs, immediately inform law enforcement and the circuit clerk. Violation of a protective order may be classified as a Class A misdemeanor or contempt of court and the respondent can be arrested.
How do I file a motion in Kentucky? Contact your local Kentucky district clerk of court to obtain motion forms. The clerk will provide you with a general form that you must complete. Ask for the general motion form for use by pro se litigants in civil cases.
The Kentucky law does not include any federal court charges. The law covers 61 felonies, (see attached list) or about 70% of the available infractions. The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.
Penalties for Violating a Domestic Violence Protective Order An offender who violates a domestic violence or interpersonal protective order faces a Class A misdemeanor conviction. Such a conviction subjects a guilty defendant to up to 12 months in jail and a $500 fine.
As criminal defense attorney I am often asked, ?Can I expunge an EPO or DVO?? If certain criteria are met, you can expunge an EPO or IPO in Kentucky. You will need to pay the initial fee of $40.50 for a background check. Once that is certified by the state, your attorney can file to have the records expunged.
Most Class D felony convictions (with limited exceptions) are eligible for expungement. KRS 431.073 outlines the process for a person to file an application to have his or her conviction vacated and expunged. If the court grants the application, the original judgment will be vacated and the charges dismissed.