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  1. #1
    Join Date
    Aug 2009
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    1

    Default Violation of Kentucky DVO

    My question involves criminal law for the state of: Kentucky

    Approximately one year ago my boyfriend filed a DVO against me because I hit him in the face with a breadstick while dining out at Fazoli's with some friends. In retaliation, I filed a DVO against him, citing a previous account of violence towards me (he threatened to stab me with a screwdriver). Since then, our lives had been honky-dory, until...

    One week ago my boyfriend and I got into a fight. I pushed him and he tripped and fell back into a wall that already had a very large hole in it (we are currently renovating the room and there are holes all over it). Afterwards, I prepared to leave the house, taking my car (that is in his name), and he called the police in order to prevent me from leaving.

    His call worked, so I came back into the house and pleaded with him to let me drive to school. About that time, the police appeared and they asked for each of us to explain what happened. We both discussed the brief argument and I explained that I had pushed him and he ended up falling into the wall--neither I nor my boyfriend thought anything of my "confession" (he called the cops solely to prevent me from taking his car).

    Next thing I know, I am arrested and taken to jail for violation of a Kentucky DVO. As the cops are escorting me from the premises my boyfriend is pleading with them not to take me away, stating that he didn't intend for things to get so out of hand. The cops, of course, did not care, and I served eight hours in jail before being released on $2,000 cash bond.

    I am set to appear in court next week for what I assume is either my pre-trial or arraignment (I was not told much at the jailhouse). My boyfriend scheduled a meeting with the county attorney this morning in hopes that the charge against me could be dismissed. The county attorney claimed it was out of his hands to do so, and that if I am convicted I will be sentenced to a minimum of 30 days in jail.

    I understand that pushing my boyfriend was not the smartest option; however, truly the only two transgressions on my part in an over three year relationship have been the two described above. I think it is a bit outlandish to have to serve 30 days in jail for hitting someone with a breadstick and pushing someone causing them to trip into a wall.

    I (as well as my boyfriend) hope to have the charge dismissed entirely, but I am not sure how to go about doing that--if it is even a possibility. I cannot plead not guilty because I did push my boyfriend and he fell into the wall, and I already told the police officers who came to the door the same thing (it is written on the police report). At the same time, if I plead guilty I will be forced to serve a minimum of 30 days in jail... so I am inclined to plead not guilty even though my hands are painted red.

    The only possibility I have considered is that the police report reads that I pushed my boyfriend, "making a hole into the wall." The hole was already there, but the police officers refused to listen to what either I or my boyfriend told them regarding the hole, thereby incriminating me further. Can I plead not guilty because of the minor flaw in the police report? If I plead not guilty, what are the chances that the charge will be dropped?

    I am a senior in college with a 4.0 GPA (not that the court will care), so serving time in jail will drastically impair my ability to maintain my 4.0.

    Am I doomed to 30 days behind bars? Please help!!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,200

    Default Re: Violation of Kentucky DVO

    You have a prior and you confessed to the police. That doesn't help you a bit. I suggest consulting a lawyer and seeing if they lawyer can come up with anything that may help you.

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