"NO DROP" policy of Louisville / Jefferson County, Kentucky. Louisville, and the county attorney, has declared this a "no drop" zone in regards to domestic violence. This is a good policy if everyone was honest. They are not. When they are not honest and caught up in the drama and shade in the guise of a "domestic occurrence" they cannot back out. The "victim" cannot get away from what was spent into action and the Defendant cannot escape short of a trial or pleading guilty to something they didn't do.
That is a huge problem.
This happens all the time. I win a high percentage of Emergency Protective Order Hearings and the majority have a criminal case the accompanies this EPO. So, if a judge in family court determines there is no domestic violence, and the standard of preponderance is so much lower than criminal's beyond a reasonable doubt, then the criminal case should be dismissed, right? No, I have had prosecutors move forward saying that the EPO is a limited evidentiary hearing, he/she wasn't represented by counsel, that they just don't care what had happened. Or they want to pass it for 3 months with no problems and they will dismiss the case. They are quick to point out that we would be hard pressed to get to trial in 3 months. They also will try to add counseling and any follow up as suggested and they ripen the deal by saying they will lift the no-contact order if this is agreed upon.
Your client must understand they have to persevere. If a relationship is of the quality that someone is going to jail, the relationship is likely over, if it hadn't been over, already, for years. Maybe it is time for themselves to be honest.
So the no contact stays in place through criminal court, one party is not at their normal home, usually and life drudges along.
Don't take this deal. Give me a call. DON'T FORGET TO GO TO MY YOUTUBE SITE BELOW AND SUBSCRIBE! THANKS!
CLICK THESE WORDS TO GO to the statutes controlling domestic violence.
DON'T GET CAUGHT UP.
However, with the good comes the bad, the very bad. Some grow up in households, or in other environments where they become educated to the "street side" effects of domestic violence. They see the result and want the result. For example, the domestic perpetrator has to vacate the home, whether they own it or not. The cannot go near the victims place of employment and possibly, they cannot come within 500 feet of the "victim." Where one side is not in the same financial position, this becomes a desired outcome when breakup is imminent and a forgone conclusion, in their mind. Some people are going to take it overboard and use it for attention, their negative being a positive.
This happens a lot and it happens quite often on our only little stage in Jefferson County, Louisville, Kentucky and every other county stage across Kentucky. What has made Louisville, or the county seat Jefferson County, so bad is this "no drop" policy.