If you are being abused you only have one choice. You are required by law to report abuse if it is to your child and you must leave and take your children with you to a position of safety. Whenever there is abuse there is a risk to children. Allowing abuse to continue, means that you may also be prosecuted equally with the abuser and that you may lose your children. Domestic Violence is a psychological problem and you are dealing with a problem that involves both yourself and your spouse. Seek proper help. Domestic Violence does not have to mean the end of the marriage if a person will get proper help and help is available. Social worker Victoria Satir said " I have never met a family that I couldn't make happy and functional if the parties were willing". The problem is that parties often aren't willing to change destructive habits and that Kentucky no longer works to keep families together. In publications and in newspapers our Cabinet has often been quoted that is cheaper to encourage divorce than treat the problem This however never cures the problem. New marriages are entered into and the problems resurface causing new divorces. If there is abuse you must get help to avoid re-living such relationships. However, approximately half of reported domestic violence cases are false. Domestic violence is often alleged only to gain a tactical advantage in a divorce case or for revenge. By applying for a Domestic Violence Order parties can immediately win custody, support and property without the expense of attorneys or the delay of a divorce. This is not just my opinion, it was the published opinion of the Courier Journal that exposed the abuse of the legal system in Jefferson County where such warrants are used as weapons in divorce matters which estimated that one half of the cases were false. It is difficult to defend Domestic Violence Cases. State law requires that judges must protect the person claiming to be abused by issuing a DVO (Domestic Violence Order) & EPO (Emergency Protection Order) regardless of evidence that may show a person innocent. If convicted you will be treated as a criminal, your name will go into a national criminal database and you will lose many of your rights. Persons that file false domestic violence claims abuse the system and injure victims that have real claims. If accused you need to defend yourself.
The Divorce Manual fully discusses the Kentucky domestic abuse. Download your free copy. This is an advertisement for the Divorce Manual. This is not legal advice it is for informational purposes only.
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