Legal Question in Family Law in Kentucky
On my Knees
I am writing I guess in hopes to get information, this is where I will start last year in Jan I found out my soon to be ex wife was having an affair with someone that lived across the street from us on a military base My wife is in the Army and so is the other guy, I told my wife I wanted a divorce and I just wanted to have custody of the children of ours, a son six years old and a daughter 21 months old, my wife told me I would never see our children and so far she is doing a great job of that, she filled a false EPO and had me removed from our house the EPO was on behalf of the children as well, her boyfriend moved in to the house and his wife found out and left him with their two children. When I contacted the military they investigated the two and found them in violation of breaking a no contact order they slapped them on the wrist and sent them on their way. My wife then had me arrested claiming I was near her and drove past her house. I was getting my teeth pulled that day and her 1st Sgt came to court and testified my wife was not at work and I was not around her she did not show up in court to say why she had me arrested. I guess a long story short, I have a three year DVO and I have done nothin
2 Answers from Attorneys
Re: On my Knees
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.
DO NOT TRY TO REPRESENT YOURSELF IN A CONTESTED DIVORCE 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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