Domestic Violence, Police Response, and Charges in Kentucky

What generally happens when domestic violence is reported to police in Kentucky.

Kentucky Police Response and Domestic Violence Charges

This page gives general information about how police and courts in Kentucky often respond to reports of relationship or family violence. It is not legal advice. Laws and local practices can change, and each situation is different.

How Police Typically Respond to Domestic Violence Calls in Kentucky

When police in Kentucky are called to a domestic or family violence situation, they usually:

• Check that anyone who is injured gets medical help
• Separate the people involved to speak with them privately, if it is safe to do so
• Look for signs of injury, property damage, or weapons
• Ask whether children or other family members are present and if they are safe
• Collect basic information, such as names, addresses, and relationships

Police may also ask if there have been past incidents, whether previous calls were made, and whether there are any existing protective orders.

When an Arrest Might Be Made

Kentucky has specific laws about when officers may or must arrest someone in a domestic violence situation. In general, an arrest is more likely when officers believe:

• A crime such as assault, unlawful imprisonment, strangulation, or criminal threatening has occurred
• There are visible injuries, broken items, or other physical signs of violence
• There is an existing protective order that has been violated
• There is an ongoing, serious risk to someone’s safety

If officers believe both people committed offences, they may try to identify a “primary aggressor” based on injuries, self-defence, history of incidents, and other factors. This is not always done perfectly, and misunderstandings can happen.

Taking a Police Report vs. Bringing Criminal Charges

It can help to understand the difference between a police report and criminal charges:

Police Report

• A police report is the record officers create about what they observed and what was reported.
• It can include statements, photos, medical information, past call history, and notes about injuries or damage.
• A report can exist even if there is no arrest at the scene.

Criminal Charges

• Criminal charges are formal allegations filed in court that say a person committed one or more specific crimes under Kentucky law.
• Charges are usually filed by the prosecutor (often called the Commonwealth’s Attorney or County Attorney, depending on the level of the case), not by the survivor directly.
• The prosecutor uses the police report, witness statements, and other evidence to decide which charges, if any, to file.

A survivor may feel like they “pressed charges” by calling police or giving a statement. In Kentucky, the decision to go ahead with charges usually rests with the prosecutor, not with the person who was harmed.

What Often Happens After an Arrest

After someone is arrested on domestic violence–related charges in Kentucky, several steps may follow. Timelines and details vary by county and by the seriousness of the charges.

Custody and Booking

• The arrested person is normally taken to jail for booking.
• Officers record personal information, the alleged offences, and sometimes take fingerprints and photos.
• In some cases, the person may stay in custody until a judge reviews the case.

Bond and Release Conditions

• A judge (or sometimes a bail official) usually decides whether the person can be released before trial and on what conditions.
• The judge may set a money bond (bail) and conditions such as:
  • No contact with the survivor
  • No return to the shared home
  • No firearms or weapons
  • No alcohol or drug use, if it is related to the situation

First Court Appearance and Hearing Dates

• The person arrested will usually have an initial court appearance, sometimes called an arraignment, within a short time.
• At this hearing, the judge may:
  • Inform the accused of the charges
  • Review and adjust bond or conditions
  • Set future court dates
• Later dates might include pretrial conferences, hearings on motions, or a trial.

Survivors are not always required to attend every hearing, but they may be asked to attend key dates, especially if testimony is needed. Victim services workers or advocates attached to the prosecutor’s office may sometimes help explain what to expect.

The Prosecutor’s Role in Domestic Violence Cases

In Kentucky, the prosecutor represents the state, not any one individual. Their role generally includes:

• Reviewing police reports, statements, and other evidence
• Deciding what charges, if any, should be filed or continued
• Offering or negotiating plea agreements with the defence
• Presenting evidence and questioning witnesses in court
• Consulting with survivors about safety concerns, when possible

A survivor’s wishes are often considered, but the prosecutor may decide to continue with charges even if the survivor would prefer to stop, especially when safety risks or serious injuries are involved.

How Criminal Cases Interact With Protective Orders

In Kentucky, survivors may be able to request civil protective orders through the court system. These are separate from criminal charges but related.

Criminal No-Contact Orders vs. Civil Protective Orders

• Criminal no-contact or bond conditions come from the criminal court after an arrest. They are tied to the criminal case and can end when the case finishes, unless extended.
• Civil protective orders (often requested in family or civil court) are separate court orders that can:
  • Order no contact or limited contact
  • Address temporary possession of a home or vehicle
  • Include rules around firearms, in line with Kentucky and federal law

It is possible for both kinds of orders to exist at the same time. The person subject to the orders must follow all of them, even if they seem to conflict.

How Criminal Cases Can Affect Family Court Matters

Domestic violence–related criminal cases can connect with family court in several ways:

• Parenting time and custody: Allegations or findings of violence can influence decisions about parenting time, exchanges, and decision-making responsibility.
• Supervised contact: In some situations, a family court may order supervised visits or specific exchange locations to reduce risk.
• Communication rules: Courts may put limits on how people communicate about children (for example, through specific apps, email only, or third-party exchanges).
• Impact of convictions or pleas: A guilty plea, conviction, or finding of domestic violence in one court can sometimes be considered evidence in another court, depending on the issue.

Court processes can be confusing and may feel separate, even though they involve the same people. Criminal cases, civil protective orders, and family law cases often move on different timelines and may have different judges.

Some survivors and supporters find it helpful to review national and regional options for information and referrals. Additional support options across the United States and Canada can be found through resources listed at DV.Support.

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