DVO hearing (Kentucky) · Go Syfert
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DVO hearing in Kentucky

11 Kentucky opinions name it 2 courts 2009–2026 8 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Commonwealth v. Andersongreen
ky · 1996 · cited in 2 Kentucky opinions naming this issue, 2023–2023
2 sentences

2023Commonwealth v. Anderson, 934 S.W.2d 276, 278 (Ky. 1996).

2023Commonwealth v. Anderson, 934 S.W.2d 276, 278 (Ky. 1996).

22
Rankin v. Criswellgreen
kyctapp · 2008 · cited in 2 Kentucky opinions naming this issue, 2023–2026
2 sentences

2023See Rankin, 277 S.W.3d at 623-25 (holding that the DVO hearing in question was inadequate because no testimony was offered in support of the petition, the circuit court did not solicit any, and it only relied on the contents of the petition and extrajudicial review of dependency cases, not because the DVO hearing was only seven (7) minutes long and the record on appeal was only 30 pages).

2023See Rankin, 277 S.W.3d at 623-25 (holding that the DVO hearing in question was inadequate because no testimony was offered in support of the petition, the circuit court did not solicit any, and it only relied on the contents of the petition and extrajudicial review of dependency cases, not because the DVO hearing was only seven (7) minutes long and the record on appeal was only 30 pages).

12
Whaley v. Whitaker Bank, Inc.green
kyctapp · 2008 · cited in 1 Kentucky opinions naming this issue, 2026–2026
2 sentences

2026See Whaley v. Whitaker Bank, Inc., 254 S.W.3d 825, 829 (Ky. App. 2008) (a CR 41.01(1) notice of dismissal is automatic, leaving no discretion to the trial court as to whether it should be granted.) Moreover, Child was not present at the court date wherein the DVO hearing was to take place.

2026See Whaley v. Whitaker Bank, Inc., 254 S.W.3d 825, 829 (Ky. App. 2008) (a CR 41.01(1) notice of dismissal is automatic, leaving no discretion to the trial court as to whether it should be granted.) Moreover, Child was not present at the court date wherein the DVO hearing was to take place.

11
Smyzer v. BF Goodrich Chemical Companygreen
kyctapphigh · 1971 · cited in 1 Kentucky opinions naming this issue, 2025–2025
2 sentences

2025F. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (emphasis added).

2025F. Goodrich Chemical Co., 474 S.W.2d 367, 369 (Ky. 1971) (emphasis added).

11
Cottrell v. Cottrellgreen
kyctapp · 2019 · cited in 1 Kentucky opinions naming this issue, 2023–2023
1 sentence

2023Regardless of conflicting evidence, the weight of the evidence, or the fact that the reviewing court would have 6 Even when considering whether to reissue/extend a DVO “the absence of additional actions of domestic violence is merely one factor which the court may consider in deciding whether to extend a DVO.” Cottrell v. Cottrell, 571 S.W.3d 590, 592 (Ky. App. 2019) (emphasis added). -7- reached a contrary finding, due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses because judging the credibility of witnesses and weighing evidence are tas

11
New York v. Hillgreen
scotus · 2000 · cited in 1 Kentucky opinions naming this issue, 2012–2012
2 sentences

2012See New York v. Hill, 528 U.S. 110, 115 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000) (holding that defense counsel can validly waive a defendant's right to be tried within a statutory time period by accepting a trial date beyond the statutory time period); Parks v. Commonwealth, 89 S.W.3d 395, 398 (Ky. 2002) ("Pursuant to Hill, the agreement by [the defendant] to a trial date beyond the limits of the [statute] constituted a waiver of his speedy trial rights.").

2012See New York v. Hill, 528 U.S. 110, 115 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000) (holding that defense counsel can validly waive a defendant's right to be tried within a statutory time period by accepting a trial date beyond the statutory time period); Parks v. Commonwealth, 89 S.W.3d 395, 398 (Ky. 2002) ("Pursuant to Hill, the agreement by [the defendant] to a trial date beyond the limits of the [statute] constituted a waiver of his speedy trial rights.").

11
Parks v. Commonwealthgreen
ky · 2002 · cited in 1 Kentucky opinions naming this issue, 2012–2012
2 sentences

2012See New York v. Hill, 528 U.S. 110, 115 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000) (holding that defense counsel can validly waive a defendant's right to be tried within a statutory time period by accepting a trial date beyond the statutory time period); Parks v. Commonwealth, 89 S.W.3d 395, 398 (Ky. 2002) ("Pursuant to Hill, the agreement by [the defendant] to a trial date beyond the limits of the [statute] constituted a waiver of his speedy trial rights.").

2012See New York v. Hill, 528 U.S. 110, 115 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000) (holding that defense counsel can validly waive a defendant's right to be tried within a statutory time period by accepting a trial date beyond the statutory time period); Parks v. Commonwealth, 89 S.W.3d 395, 398 (Ky. 2002) ("Pursuant to Hill, the agreement by [the defendant] to a trial date beyond the limits of the [statute] constituted a waiver of his speedy trial rights.").

11
Duncan v. O'NANgreen
kyctapphigh · 1970 · cited in 1 Kentucky opinions naming this issue, 2012–2012
2 sentences

2012Citing Duncan v. O'Nan, 451 S.W.2d 626, 631 (Ky.1970) for the elementary *466 principle that subject matter jurisdiction cannot be waived, the Court of Appeals concluded that Telek's acquiescence in the original continuance and his failure to object to the serial re-issuance of EPOs could not override what it perceived as the statute's jurisdictional time constraints for the entry of a DVO.

2012Citing Duncan v. O'Nan, 451 S.W.2d 626, 631 (Ky.1970) for the elementary *466 principle that subject matter jurisdiction cannot be waived, the Court of Appeals concluded that Telek's acquiescence in the original continuance and his failure to object to the serial re-issuance of EPOs could not override what it perceived as the statute's jurisdictional time constraints for the entry of a DVO.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Crabtree v. Crabtree green
kyctapp · 2016
2 sentences

2022Id. at 317 . -10- This Court relied on two unpublished opinions to support its conclusion that the wife in Crabtree had established that an act of domestic violence and abuse had occurred under these circumstances: In the unpublished decision in J.D.Y. v. B.H.D., No. 2007-CA-001519-ME ( 2008 WL 4182050 ) (September 12, 2008), a panel of this Court was presented with a factual scenario similar to that herein, and concluded: After reviewing the record, the family court’s findings that the father committed domestic violence and abuse against the mother and their children were proper.

2022Id. at 317 . -10- This Court relied on two unpublished opinions to support its conclusion that the wife in Crabtree had established that an act of domestic violence and abuse had occurred under these circumstances: In the unpublished decision in J.D.Y. v. B.H.D., No. 2007-CA-001519-ME ( 2008 WL 4182050 ) (September 12, 2008), a panel of this Court was presented with a factual scenario similar to that herein, and concluded: After reviewing the record, the family court’s findings that the father committed domestic violence and abuse against the mother and their children were proper.

12022–2022
Thurman v. Thurman green
kyctapp · 2018
2 sentences

2021But, as we are reversing, remanding, and ordering that the IPO be removed from the court record on the basis of the court’s failure to appoint a GAL for Doe, we decline to address these arguments. 74 In Thurman, the Court of Appeals reversed due to failure to properly serve the respondent, resulting in his inability to participate in the DVO hearing. 560 S.W.3d at 886-87 .

2021But, as we are reversing, remanding, and ordering that the IPO be removed from the court record on the basis of the court’s failure to appoint a GAL for Doe, we decline to address these arguments. 74 In Thurman, the Court of Appeals reversed due to failure to properly serve the respondent, resulting in his inability to participate in the DVO hearing. 560 S.W.3d at 886-87 .

12021–2021
Daugherty v. TELEK green
ky · 2012
2 sentences

2020Id. at 465-66 .

2020Id. at 465-66 .

12020–2020
Baird v. Baird green
kyctapp · 2007
2 sentences

2009Further, Kessler relies *231 on this Court's analysis in Baird v. Baird, 234 S.W.3d 385 (Ky.App.2007), to support his argument that a hearing is necessary in this context.

2009Further, Kessler relies on this Court's analysis in Baird v. Baird, 234 S.W.3d 385 (Ky.App.2007), to support his argument that a hearing is necessary in this context.

12009–2009

Statutes the citing opinions construe

KY § Ky. Rev. Stat. § 403.720 (5) KY § Ky. Rev. Stat. § 403.740 (4) KY § Ky. Rev. Stat. § 403.715 (3) KY § Ky. Rev. Stat. § 403.725 (3) KY § Ky. Rev. Stat. § 403.730 (3) KY § Ky. Rev. Stat. § 403.750 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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