Legal Question in Civil Litigation in Kentucky

Re: Minor Pictures......

In order to get an EPO, you must show some sort of domestic relationship or kinship with the person to be restrained. Otherwise, the statute does not apply. In other words, if this is someone who has never lived in your home or is not related to you within a certain level of kinship, the answer is no and you will have to address it in different manner. An attorney can help you with that.

Also, an EPO requires either domestic violence or a fear of domestic violence, so if the only thing this person is doing is taking photographs, that won't support an EPO.

The EPO is the single most abused law in the Commonwealth of Kentucky--it sometimes seems that everyone who has a minor gripe against a neighbor or and old boyfriend heads straight to the courthouse for an EPO, since they're extraordinarily easy to get, hard to defend, and impossible to appeal. This law was passed and intended to control domestic violence, not the occasional aggravations and annoyances of life. If there is no threat of violence here, or if the person is not within the category of person to which the law applies, this is not your rememdy.

However, since we are talking about your minor child, you should consult an attorney about other avenues. And if the person is following your child around and taking photos, you need to contact the police and see if the conduct could be considered stalking or menacing.