Justice Served: Domestic Violence Order Upheld on Appeal
We are pleased to announce a significant victory for our client, Brittany Hammonds, in the Kentucky Court of Appeals. Our firm represented Ms. Hammonds in a domestic violence case against her ex-partner, Damarcus Childs, securing a Domestic Violence Order (DVO) on her behalf in both the trial court and on appeal. Ms. Hammonds and Mr. Childs were involved in a long-term relationship that, unfortunately, included instances of domestic violence. Seeking protection from Mr. Childs, Ms. Hammonds filed a DVO petition, and our firm was honored to represent her in these proceedings. The case, Childs v. Hammonds, centered around allegations of domestic violence, including sexual assault, and raised important questions about evidence and testimony in DVO cases.
Court Proceedings
The Jefferson Family Court conducted a hearing to determine whether a DVO should be issued. Ms. Hammonds testified about the history of domestic violence, and the court also heard testimony from a Friend of the Court (FOC) who was involved in a related custody case. After careful consideration of the evidence, the family court issued a DVO to protect Ms. Hammonds.
Mr. Childs appealed the family court's decision, and our firm continued to advocate for Ms. Hammonds before the Kentucky Court of Appeals. We argued that the family court's decision was supported by substantial evidence, including Brittany's testimony and the FOC's testimony. We also argued that the FOC's testimony was admissible under Kentucky law, as it was offered to rebut Damarcus's claim that Brittany's allegations were fabricated. The Court of Appeals agreed with our arguments and affirmed the family court's decision. The Court held that there was sufficient evidence to support the DVO, and that the FOC's testimony was admissible. The Court emphasized the importance of witness credibility and the family court's ability to weigh the evidence.
This case is an important victory for survivors of domestic violence. It reaffirms the importance of witness testimony and the family court's role in protecting victims. The Court of Appeals decision also clarifies the admissibility of FOC testimony in DVO cases, which could help other survivors in similar situations.
Our Commitment to Protecting Victims of Domestic Violence
This case highlights our firm's dedication to representing victims of domestic violence. We understand the sensitive nature of these cases and the courage it takes for victims to come forward. Our team is committed to providing compassionate and effective legal representation to help our clients secure the protection they deserve.
If you or someone you know has been a victim of domestic violence, please know that there is hope. You do not have to suffer in silence, and you do not have to face this alone. If you are in need of immediate help, call 1-800-799-SAFE. If you need trauma-informed legal assistance, you can set up a time to chat with our attorneys calling us at (502)653 7455 or by following this link.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.
