Understanding the Legal Process for Obtaining an EPO or DVO in Domestic Violence Cases

Christine Durrett | Jan 01 2026 14:30

Kentucky Domestic Violence Attorney Giving You the Representation You Need for DVO Restraining Orders

 

Relationships are supposed to be a source of stability. Humans are naturally social and many people seek and find fulfillment in domestic relationships. Sometimes the nature of our domestic relationships can change. A partner can become unexpectedly controlling or volatile. Under some circumstances, they may even become violent. If a partner becomes violent, it’s important to remove yourself from the situation and find or go somewhere where you are safe. This is especially important if there are children involved who already are or may become the victims of domestic violence. Sometimes, simply ending a relationship with a violent partner may be enough. In other cases, the violent partner may not want the relationship to be over. They may feel possessive of you or any children that may be involved. If this is the case, you may need to obtain an EPO and a DVO.

 

What is a EPO in Kentucky?

An EPO is an Emergency Protective Order. It is a temporary protective order put in place until a full hearing before a Judge can be conducted. An EPO is the first step to obtaining a DVO.  A protective order is a legal document that orders an individual to stop engaging in certain behavior that could be regarded as threatening and/or criminal. A protective order demands an individual stop committing acts of:

  • Domestic Abuse
  • Dating/Partner Violence
  • Sexual Misconduct
  • Stalking

What is a DVO in Kentucky?

A DVO is a Domestic Violence Order. It is a long term protective order that can be put in place for up to three years. A protective order is a legal document that orders an individual to stop engaging in certain behavior that could be regarded as threatening and/or criminal. A protective order demands an individual stop committing acts of:

  • Domestic Abuse
  • Dating/Partner Violence
  • Sexual Misconduct
  • Stalking

A protective order can cover a person as well as their children. In Kentucky, there are three types of protective order:

  • Emergency Protective Order (EPO)
  • Domestic Violence Order (DVO)
  • Interpersonal Protective Order (IPO)

Emergency Protective Orders are short-term protective orders that remain in place until a hearing can be conducted. Domestic Violence Orders are protective orders especially for those who have a close relationship with the person they are filing it against. This can be a biological family member, spouse, ex-spouse, or someone you have a child with. Interpersonal Protective Orders are for people to whom you are not related. This includes current or former dating partners. Someone who requests and/or receives a protective order is called a Petitioner. Someone who has a protective order filed against them is called a Respondent.

Children can also receive protective orders. While a parent or legal guardian must file on the child’s behalf, they are still eligible for the same protection given adults. If a protective order is sought on behalf of a child the Court will appoint a Gurdian ad Litem to represent the child’s best interests in the case. 

 

What Does a DVO Do?

A DVO is meant to protect the Petitioner against abuse or harassment from a family member or former spouse. It grants legal protection to the Petitioner. It also gives certain specific legal orders to the Respondent. These orders may include but are not necessarily limited to:

  •         Staying a Certain Distance Away From You and/or Your Children
  •         Not Contacting or Attempting to Contact You and/or Your Children
  •         Not Harming or Attempting to Harm You and/or Your Children
  •         Not Damage or Dispose of Your Property
  •       Attending Counseling

In some circumstances, the Respondent may also be required to surrender any firearms for the duration of the DVO. A DVO gives certain legal advantages to a Petitioner. In the event the Respondent violates the DVO, the Petitioner may contact the authorities and notify them of the order. Authorities are more likely to take the side of a Petitioner if a DVO is already on file.

 

Violating a DVO is an automatic Class A Misdemeanor. This carries a possible one-year jail sentence and $500 fine. Violating a DVO can also lead to a possible charge of Contempt of Court. This carries with it further potential penalty. Additionally, the Respondent can be charged with any other criminal behavior they engaged in while breaking the DVO.

 

How Do I Get a DVO in Kentucky?

There is a process to getting a DVO in Kentucky. You cannot just walk into a courthouse and ask for one. This prevents angry family members or people in a volatile relationship from casually filing DVOs against one another.

 

In order to obtain a DVO, you must submit a petition for an EPO to the court. This petition will contain your reasons for requesting a EPO. Petitions for a EPO can be filed 24 hours a day, seven days a week. Because of the potentially serious nature of allegations in EPOs, judges are available at all times to review them. Once a petition has been filed with a judge, they will determine if it meets the requirements for the issuance of an EPO; if so, the Judge will enter an EPO and set a hearing date. The EPO cannot go into effect until the Respondent can be officially served.

 

The hearing will be scheduled for a date within fourteen days of when you first filed for a DVO. At the hearing, both the Petitioner and Respondent will have an opportunity to present their case to the court. If a judge believes the Petitioner has presented strong evidence and met the statutory requirements, they may grant a DVO.

 

If the judge feels the evidence is not strong enough to meet the statutory requirements or that the Respondent has presented a reasonable case, they may opt not to issue the order. Filing paperwork and attending a hearing does not guarantee a judge will grant you a DVO. While you are not required to have an attorney represent you at a DVO hearing, having one can greatly increase the chances you will receive the protective order.

 

What Should I Do if I Need a DVO in Kentucky?

Everyone deserves to feel safe and protected. This is especially true of children. If you or a loved one have experienced domestic violence and need to file for a DVO, don’t hesitate to contact Durrett & Kersting Law, PLLC, located at 7508 New La Grange Rd., Ste. 3, Louisville KY 40222 – (502) 420-2863. Our attorneys understand how potentially frightening and difficult it can be to separate from a violent domestic situation. We approach every case with compassion, caring, and understanding. We provide all of our clients with the care and attention they need to secure their own future and safety and the safety of their families and children. Your better future can start today.

 

Domestic violence is something that can impact anyone. It’s all right to ask for help. Getting the assistance of an attorney to leave a violent domestic situation can help improve your chances of a healthy, happy future. If you or a loved one have experienced domestic violence, don’t hesitate to contact Durrett & Kersting Law, PLLC, at 502-420-2863 or or email us for a free consultation. Your better future can start today.