Assault & Domestic Violence Attorneys in Elizabethtown, KY

More than 25,000 domestic violence civil cases were filed in Kentucky courts in 2018. That means that thousands of men and women were accused of committing violence against a family or household member.

Whether you have been rightly or wrongly charged with domestic violence, charges alone can have a permanent impact on your life. Even those accused and not convicted can lose jobs, relationships, and perhaps, their freedom. Regardless of the circumstances, you are entitled to the best defense possible against any claims of assault and domestic violence.

The attorneys at Bland & Birdwhistell, PLLC offer aggressive criminal defense to clients accused of perpetrating domestic violence. We provide comprehensive representation that is personalized for your unique situation. Don’t gamble with your future. Let us help. We proudly serve residents of Elizabethtown and surrounding communities including Radcliff, Shepherdsville, Bardstown, Brandenburg, Leitchfield, and Hodgenville, Kentucky.

Domestic Violence in Kentucky

Kentucky does not have specific laws regarding domestic violence. Instead, domestic violence is addressed under Kentucky statutes dealing with assault.

Domestic violence and abuse include infliction of, or imminent fear of, physical injury, serious physical injury, stalking, sexual abuse, strangulation, or assault between family members or members of an unmarried couple. Family members include spouse, former spouse, grandparent, grandchild, parent, child, stepchild, or any other person living in the same household as a child if the child is the alleged victim.  

The alleged victim, or “petitioner,” may file for an emergency protective order which a judge can issue without hearing the accused’s side of the story. The order prohibits communication with the petitioner, committing further acts of abuse, damaging or destroying the petitioner’s property, coming within a certain distance of the petitioner ( as well as the petitioner’s child or household members), orders the accused to temporarily vacate their home if they reside with the petitioner, and awards temporary custody of children.

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Possible Consequences and Penalties

Although domestic violence is included in Kentucky’s assault statutes, the penalties are often more severe than non-domestic assault. Kentucky law enhances penalties for repeat offenders of domestic violence and imposes criminal penalties on violators of protective orders.

Someone who commits a third or later assaults in the fourth degree within a five-year period may be charged with a Class D felony, carrying a penalty of up to five years in prison, if the victim was a family member or member of an unmarried couple.

Violators of protective orders may be charged civilly or criminally, but not both. A Class A misdemeanor conviction for intentionally violating a protective order carries a sentence of up to 12 months in jail as does a conviction for entering a domestic violence shelter while the protective order is in effect.

If found to have committed a substantial violation of a protective order, including stalking, sexual offense, terroristic threatening, burglary, or any other felony against the protected person, the court may order the offender to wear a global positioning monitor to track movements, 24-7.

How to Defend Your Charges

Where the charges against an alleged offender are false, an attorney may present a defense of:

  1. Falsely accused. Perhaps a household member has been assaulted but not by you or perhaps they haven’t been assaulted at all. Domestic violence accusations are often classic examples of “he said, she said,” and the victim’s version of the story is given first consideration even if the claims are fabricated.
  2. It was self-defense. If you were defending yourself, your children, or another member of your household, your attorney will look for signs of defensive injuries, admission of violence by the other person, and evidence that you were not the aggressor.
  3. There was a lack of intent. Maybe you were present, the household member was injured, but the injury was accidental. For example, you were moving an object that fell on the other person without your intent to harm them.

An experienced attorney may be able to prevent a case from even being filed by taking proactive measures and negotiating with the court affording clients better outcomes and in some cases dismissal of serious criminal charges. 

Hire a Criminal Defense Attorney Today

The statements of victims in domestic violence and assault cases are considered initially to be valid out of an abundance of caution to protect them. If you have been accused, justly or wrongly, you need an experienced, aggressive criminal defense attorney on your side.

Bland & Birdwhistell, PLLC is dedicated to providing comprehensive legal services and defending individuals facing domestic violence charges or those who have been wrongfully accused. As experienced criminal defense attorneys, we will review every detail of your case, conduct a comprehensive, private investigation, and strategize your best defense.

Assault and Domestic Violence Attorneys in Elizabethtown, KY

The attorneys at Bland & Birdwhistell, PLLC have been successfully providing defense services for anyone charged with domestic violence in Elizabethtown, Radcliff, Shepherdsville, Bardstown, Brandenburg, Leitchfield, Hodgenville, and Louisville, Kentucky. If you’ve been accused or charged with assault or domestic violence, call our office to schedule a free consultation.