Legal Question in Family Law in Kentucky
On my Knees once more
i just do not understand how an EPO can get filed with no reason, a DVO put in place after proving not in violation why can I not file harrasment charges against my ex her attorney the judge the state I often wonder how an attorney can go into work and defend someone knowing they are so evil to two little babies and abuse them and subject them to so much, but her attorney keeps attacking me. I am losing a fight I can not win. My ? are many maybe my main ? am I fighting a battle that is one sided, it is a womens world. I worked for the top defence contractor in the world with a secret security clearance and never had anything as a record. Now that is all gone and I am told sorry no job you have a DVO would a Judge really award custody to me ? My ex wifes grandparents came and testified against her along with many other people telling storys of how she would use objects to beat our son and I would step in the way and let her take it out on me, will the Judge remember that from court ? The last court hearing was Oct 23rd still no result in custody and now my ex wifes att. is filling contempt chrgs for March 10th hearing. I am trying my best to pay, will they arrest me for not having it all paid ?
1 Answer from Attorneys
Re: On my Knees once more
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Several questions are presented:
1. Were you represented by an attorney at the EPO/DVO hearing?
2. Did you call any witnesses to testify on your behalf?
3. Were you advised of your right to appeal the DVO?
Once a DVO has been entered against you, you may never again use or possess a firearm, for the rest of your life. You may not be employed by the military, as a policeman or security guard, or in a retail store where firearms are sold. This, unfortunately, is the result of the federal Brady Bill, enacted by congress.
Sadly, it is not uncommon in Kentucky for women to embellish the truth--or to tell outright lies--to obtain Domestic Violence Orders. It has been my experience that Kentucky judges tend to give women "the benefit of the doubt" in almost every case.
As for suing the judge, the state, and your wife's attorney for harassment, you are out of luck. The judge and the state are immune from such lawsuits, and, while you might feel you are being harassed, it sounds like your wife's lawyer is simply representing his client. That's what lawyers are required to do. You need to obtain the services of a lawyer tougher than your wife's.
DO NOT TRY TO REPRESENT YOURSELF IN A CONTESTED DIVORCE OR CUSTODY PROCEEDING.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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