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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.
Unlike most states, Kentucky does not have any fault-based grounds. To get a no-fault dissolution in Kentucky you need to state in the Petition for Dissolution of Marriage that ?the marriage of the parties is irretrievably broken.? A dissolution involves dividing property and debts between you and your spouse.
Overview. If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
Generally an EPO lasts for 14 days until your hearing for a domestic violence order. If law enforcement is unable to serve the abuser prior to the hearing, the judge can postpone the court date and extend your EPO for another 14 days.
If you wish to change, extend, or cancel your order, you can file a Petition/Motion to Dismiss, Extend, or Modify Other Conditions of Order Of Protection. The court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present.
Motions to dismiss, motions for summary judgment, motions to strike, and motions under CR 12.02 shall be filed and served upon opposing party and/or attorney(s) at least 10 days prior to motion hour and accompanied by a memorandum of the grounds for the motion with citation of authorities relied upon, but not greater ...
C) In the event the EPO/DVO is issued, it shall not be dropped unless done so by the Court. Unless and until the EPO/DVO is dismissed, the terms of the Order shall be strictly enforced. Subsection (b) above shall apply until the above Order is dismissed.
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.