Legal Question in Criminal Law in Kentucky
I GOT SUMMONEDS TO COURT TODAY AN HAVE COURT FEB 3RD ITS OVE MY HUSBAND ACCIDENTLY STRIKING MY INFANT SON WHICH IN RAGE TRYING TO HIT ME. wHAT WILL HAPPEN TO HIM. tHIS IS A NEGLECT CHARGE ON HIM
1 Answer from Attorneys
He's only been cited for neglect? Isn't he lucky. Hopefully there are criminal charges pending against him for assault.
As this is an old question, there are two types of cases in these situations. Family Court action (DNA court) and criminal court if they bring charges. Family court has jurisdiction over the child, to remove the child from the home, order supervised visitation for one or more parents, etc. Criminal charges obviously stem from jurisdiction regarding the crime that was committed.
If you are in a situation where your spouse or partner has abused you/your child or neglected your child, you are best to report it as soon as possible and file an EPO in order to distance yourself from the situation. Failure to do so also makes you culpable. You are a mandatory reporter of abuse/neglect that occurs concerning your child. If the court/Cabinet thinks you'll just go back and put your child in the same situation again, you'll find yourself on the receiving end of a summons for a removal hearing. The scumbag that hits you is not worth losing your child over.
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