How to Deal with Criminal Protective Orders in Domestic Violence Cases

When a domestic relationship turns violent, the courts may get involved by issuing a protective order to keep the parties apart and prevent them from harming one another. These orders, which can limit or stop all contact from an abusive individual, are meant to protect their partners from violence that may include physical injury, sexual abuse, or assault, or from threats to carry out such violence.

The alleged abuser can be a spouse, ex-spouse, parent, child, stepchild, grandparent, grandchild, brother, sister, son/daughter-in-law, spouse’s parent, spouse’s grandparent, spouse’s brother, spouse’s sister, members of an unmarried couple (and children of this couple), or individuals formerly or currently living together. However, alleged is the keyword here. Just because a person is alleged to be violent, it does not mean that is the case. There are times when one party files for a domestic violence protective order for revenge or purposes such as obtaining a better custody or support ruling in a divorce case, when no violence has actually occurred.

If you have been served with an order of protection in Kentucky, victimized in a domestic relationship, accused of such abuse, or arrested for violating the terms of a protective order, be aware that violations can carry substantial legal consequences, including being prosecuted in criminal court or held in contempt in civil court. An experienced domestic violence lawyer can help you understand how to deal with criminal protective orders for domestic violence and help you avoid additional problems and severe penalties.

Understanding Types of Criminal Protective Orders

There are several kinds of protective orders that may be issued to protect victims in a domestic violence case. Orders can include Emergency Protective Orders (EPOs), Interpersonal Protective Orders (IPOs) and Domestic Violence Protective Orders (DVOs).

Emergency Protective Order. An EPO (or Temporary Interpersonal Protective Order, TIPO) is granted on an emergency basis when it has been shown that there has been an act of violence or abuse. It can order the alleged abuser to cease abuse, have no contact with the victim, stay a certain distance away, or vacate a shared residence, for 14-days (renewable for another 14 days) until there is a court hearing. An EPO may be issued after a judge has heard from only one side, but evidence of violence, such as witness statements, medical records or police reports must be provided at the hearing.

Domestic Violence Protective Order. A DVO may be issued if a judge finds there is evidence of a past act of violence or abuse and it is likely that the victim is in danger of further violence or abuse. It can include all protections available under an EPO, plus possible orders for temporary child support, counseling, and possession of shared pets, and it may specify conditions for shared spaces if requested. A DVO can last up to three years and can be renewed repeatedly with no limit. Both parties must be notified that a DVO is being considered, so that they can show up to tell their side of the story in court and bring legal counsel to cross-examine the other party. Depending on the situation, an attorney can make sure their client’s rights are protected, give arguments as to whether an order should be issued, plead for limits on an order, present evidence at a hearing, attempt to prevent the other party from entering evidence or show why it’s not credible.

Interpersonal Protective Orders. IPOs are granted in cases of violence, abuse, sexual assault or stalking that involves individuals who are not related and who do not live with one another, but who are in, or who have been in, a dating relationship. The conditions and requirements are similar to the orders for married people.

These orders may be modified in the future by going to your circuit clerk’s office and filing a Motion for Amendment.

Requirements of Protective Orders

The parties of a protective order are the petitioner (the one asking for protection) and the respondent (the person the order is against). The court will determine what limitations will be placed on the respondent. They may be required to:

• Have no contact with the petitioner either in person, by phone, text, email, social media or through friends or family
• Leave the residence
• Maintain a certain distance from the other party and their children, often 500 feet, and avoid places such as the other party’s place of work or school
• Pay child support, adhere to a visitation schedule for children, and possibly temporarily lose custody
• Refrain from disposing of or damaging the other party’s possessions
• Attend domestic violence counseling or treatment.

Additionally, federal law forbids the respondent from possessing firearms indefinitely once a DVO or EPO has been issued.

Penalties for Violating a Protective Order in Kentucky

Protective orders are taken seriously in Kentucky, and the penalties for violations can be severe. According to statute KRS 403.763, a violation of order of protection constitutes contempt of court and is a criminal offense. Consequences are as follows:

Class A Misdemeanor: Intentionally violating the terms or conditions of a protective order is a Class A misdemeanor that constitutes contempt of court and can result in arrest, criminal prosecution, and penalties such as jail time and/or fines.

Felony Charges: As of 2025, Kentucky law increased the penalty for repeat violations. Three violations within five years becomes classified as a Class D felony, which can result in 1 to 5 years in prison and a fine ranging from $1,000 to $10,000.

In addition, violators can be arrested immediately if there is probable cause to believe the order has been violated. The state can also prosecute and convict the respondent for other criminal offenses committed during the violation of the protective order, such as assault or harassment, as well as contempt of court.

How to Handle a Criminal Protective Order for Domestic Violence

In view of the significant legal consequences, if you are a respondent hit with a criminal protective order, you should protect yourself by taking the following steps:

• Comply with Terms Fully: Read the complaint, understand what is required and comply immediately. Do not contact the petitioner in any way, unless the order specifically allows certain communications.
• Attend All Court Hearings: Attend the scheduled court hearing and any future hearings necessary. You have the right to present evidence or witnesses that support your side of the story and to be represented by an attorney.
• Understand the Order’s Terms: Violating any terms of the order — such as restrictions on contact, residence, custody, support, and property — even unintentionally, can have serious legal consequences.
• Request Desired Modifications: If circumstances change or you have new evidence to present, you may file a motion to modify or dissolve the order, and the court will hold a hearing to consider modifications.
• Get Legal Help: With so much at stake, it can help to consult with an attorney experienced in domestic violence defense who can help you understand your options and obligations, represent you at hearings, and present your side of the case.

If you are a victim seeking protection from an abuser and are afraid the abuse will continue, get help by taking the following steps:

• File for the appropriate order of protection in your county of residence or where you have fled for safety.
• Document all incidents of abuse or threats.
• Attend all hearings and provide witnesses and evidence to the court.
• Contact law enforcement and the circuit clerk immediately if the abuser violates the order.
• Get help from a domestic violence attorney if necessary.

Get Help with a Kentucky Criminal Protective Order

Whether you have been accused of abuse in a domestic relationship or arrested for violating the terms of a protective order, or you have been a victim of domestic violence, our attorneys can help. We provide a free consultation to discuss your situation, your options and the best ways to protect your rights, your liberty and the future of you and your family.

If there is a protective order against you, it is imperative that you comply with it to preserve your rights. You will have your chance to oppose the order in court. At the Carman Law Firm, we have successfully represented countless individuals who have been where you are now, and we have the experience you need. Let us work with you to protect your rights and plan the aggressive defense that you will need.

Contact the skilled and compassionate Lexington criminal defense lawyers at the Lexington, KY based Carman Law Firm to learn more about protecting your rights and assuring the best potential outcome of your legal proceedings. Call today at (859) 685-1055 to get started.