The right to counsel in Domestic Violence Actions
This month, I wrote an article that was featured in the Louisville Bar Association’s publication, The Bench & Bar, discussing recent developments in federal and state law, and how that could implicate a parent’s rights in domestic violence cases. One way or another, domestic violence orders have broad reaching implications for the parties involved. For victims of domestic violence, whom I advocate on behalf of, the orders provide safety and protection from abuse that often leads to death or long-term trauma. For those Respondents who have not committed acts of violence against their family but have been found to have done so, even the temporary emergency protective Orders can prohibit them from holding certain jobs, traveling to certain countries, or owning or possessing firearms; in addition, those Respondents can’t see their children while the case is being adjudicated to final resolution.
In the article, I argue that the changes in federal law concerning the second amendment protections now afforded under our United States Constitution, coupled with an acknowledgement by our Kentucky Supreme Court that parental rights are a fundamental liberty interest protected by our Kentucky Constitution, mean that family courts in Kentucky should be even more mindful of the Parties’ rights in these cases. In particular, family courts should engage in a balancing test to determine if the rights implicated are adequately protected by the procedures in place, or whether there are additional procedures (such as appointing someone an attorney) are necessary.
Generally, our firm does not represent Respondents in these types of cases. Part of the reason that we started this law firm was to give a voice to victims of domestic violence with a trauma informed approach to how we lawyer, and provide resources so that they can move from victimhood to survivor. That said, I still believe that our system of justice works best (and more often than not reaches the right resolution) when all Parties are afforded the protections they are entitled to by our Constitutions. Fundamental fairness in court procedures and processes help protect the integrity of the judicial system, and helps litigants in those cases feel confident in the result—whether it’s in their favor or not. You can download read the full article by following this link.
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.
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