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Kentucky May Exercise Jurisdiction Over Non-Residents Within Domestic Violence Actions
Baum v. Aldava Case No. 2024-SC-0182-DGE Jefferson Family Court Opinion by Chief Justice Thompson Date Rendered: April 24, 2025 Issue: Whether Kentucky can exercise jurisdiction over non-residents within domestic violence actions. This case was previously before the Kentucky Supreme Court which held that Kentucky would follow the objective method in determining a child’s home state…
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Family Court May Consider Coercive Control in DVO Analysis
Hogle v. Hogle 2024-CA-0731-ME Kentucky Court of Appeals Opinion by Judge McNeill Date Rendered: February 21, 2025 Issue: Whether coercive control can be considered although the words “coercive control” do not appear in the Kentucky domestic violence statute. Husband flipped over sofa while child was laying on it injuring Wife. Wife initiated a divorce proceeding…
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United States Supreme Court Upholds Federal Statute Prohibiting Individuals Subject to Domestic Violence Orders from Possessing Firearms as Constitutional
United States v. Rahimi No. 22-915 United States Court of Appeals for the Fifth Circuit Opinion by Justice Roberts Date Rendered: June 21, 2024 Issue: Whether 18 U.S.C. 922(g)(8), a federal statute which prohibits an individual subject to a domestic violence restraining order from possessing a firearm if that order includes a finding that he…
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Family Court Abused its Discretion by Relying on Extrajudicial Statements from the Cabinet
Lankford v. Lankford No. 2023-CA-1174-ME Jefferson Circuit Court Opinion by Judge Jones Date Rendered: April 26, 2024 Father filed a Petition for Emergency Protective Order (“EPO”) on behalf of Child against Mother after Child disclosed to Father that Mother kicked Child down the stairs and observed bruising on Child. The Family Court issued an EPO…
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Kentucky Follows Objective Method in Determining Temporary Absence from State Under UCCJEA
Aldava v. Johnson Case No. 2023-SC-0251-MR Jefferson Family Court Opinion by Chief Justice VanMeter Date Rendered: March 14, 2024 Issue: Whether Kentucky or Texas had jurisdiction over child custody action, and whether child living for months in a third state for the father’s job constituted a “temporary absence” under UCCJEA for jurisdiction purposes. Child was…
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