First ,once the police arrive at your home on a domestic violence run you can count on being arrested if your wife (or girlfriend ) called 911 AND she has visible injuries. If the situation at home gets heated — such as property damage , threats , introduction of firearms or physical abuse your best response is to immediately leave the home and cool down , even if the police have been called. Leave the home and call John OLASH at 502 419 4384. If an arrest warrant is issued –while you have left your home– I have a better chance at keeping you out of jail than getting you out of jail. OF COURSE IF YOU GET LOCKED UP CALL ME and I will appear in court the following morning to get you released. Years ago lawyers, myself included ,could call a judge at night and persuade the judge to order your immediate release. This practice is now forbidden by order of the Kentucky Supreme Court. If a lawyer promises he will call a judge to arrange for pretrial release of your husband (son or friend) he is lying to you .
In Kentucky the law does not require that police arrest a suspect on an initial domestic violence charge. There is no mandatory arrest law for a domestic violence initial offense. However, the Louisville Metro Police Department has a policy directing police officers to arrest on all domestic violence cases to insure that fighting will not resume. If you have an active IPO or DVO or EPO the police by state law must arrest you; Kentucky has a mandatory arrest statute regarding violation of protective orders.
Kentucky jurisprudence provides particular criminal rules and procedures for people are accused of causing physical injury, emotional harm or sexual abuse to family members, or people in a close relationship. Domestic violence laws are quasi criminal in that legal proceedings such as protective orders are not per se criminal but they do have sanctions and consequences which involve incarceration. I call petitions for an EPO ,DVO and IPO the “set up’ case. Once you have an IPO or EPO against you , you become ‘set up” to get arrested up by your ex wife (girlfriend) simply on a new unsupported allegation brought by your EX claiming you were driving by her apartment or parking near her workplace. The entry of an EPO or DVO puts you in vulnerable territory to get jailed based solely on you ex girlfriend’s vindictive and baseless new allegation. Don’t take an EPO hearing lightly. Hire an experienced lawyer to protect you future.
If you are at home when the police arrive on a domestic violence run you must be aware of the following and act accordingly. EVERYTHING YOU SAY AND DO IS BEING RECORDED ON POLICE BODY CAM . Let me repeat this EVERYTHING YOU SAY AND DO IS BEING RECORDED BY THE POLCE ON THEIR BODY CAM VIDEO. The police will separate you from your wife (or whoever the alleged victim is) and interview you. As previously stated your statements are being recorded. The police should read you Miranda warnings. Miranda warnings advise you that you have the right to remain silent and the right to a lawyer. It is a natural inclination to want to tell your version of the incident. You must resist this natural inclination and simply tell the police you want to speak to your lawyer. Tell the police you would like to use your cell phone and call me at 502 419 4384. Depending on who the cop is you may be permitted to call me. In the alternative ask the police officer to call me. Be advised that the cop will be listening to everything you say on the phone and you are being recorded. You must remember that you will not be able to talk your way out of an arrest. If you have visible injuries you should show those injuries to the police. Make sure you have your cell phone and credit card on you so you can make necessary calls from jail and arrange for posting of bond. You will need to find for a place to live that is not where your wife is living. Once I get you out of jail we can prepare you case. I can contact your ex-wife an attempt to obtain a statement from her regarding her version of the event. Most “victims’ cooperate with me or my investigator by providing a recorded statement. Later, as the case proceeds through the legal system, I will obtain the videos from the police body cameras. I will also get photos of injuries, medical records and written police reports. Using these records along with your version of the incident provides me with a basis to mount a defense. The key is to get you out of jail so I can do my work. You must remember the prosecutor is overworked and underpaid. Most prosecutors resist preparing for trial and conducting hearings. They simply do not have the time to prepare and work on the dozens of domestic violence case they get loaded up with each and every day. Domestic violence prosecutors are motivated to settle cases. Many of the domestic violence prosecutors are part time lawyers and have very little trial experience. Effective criminal defense lawyers are skilled at getting the prosecutor to dismiss cases based on their realization that they have a remote chance at winning once the case is presented to a jury. If on the other hand the facts of your case are not favorable and the prosecutor has a strong case such as serious injury or even a confession from you, the prosecutor usually is unwilling to take the time necessary to prepare for a lengthy trial. You still need a lawyer to force the prosecutor to present his case. Simply put do not take a plea deal just because you have a weak defense. You must be ready to challenge the Commonwealth because the reality is the Jefferson County Attorney’s Office prosecutes thousands of domestic violence cases each year and less than 15 of those domestic violence cases are presented to a jury. What does this tell you? If your lawyer understands how to prepare you’re by case filing appropriate motions, presenting legitimate defenses and forcing the Commonwealth to meet its burden of proving the case against you, YOUR CASE will have a favorable result.