• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

EPO Violation in Correspondance with Possession and Paraphanalia Charge?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

vnix17

Junior Member
I live in Kentucky (right across the river from Cincinnati)

Basically this:
We live in a old apartment building where the walls and floors are sorta thin. Our downstairs neighbor is a complete drunk, and anytime we walk across our kitchen floor he scream obscenities at us. For example, earlier today i was eating lunch and dropped my cellphone (from a sitting position) and I got screamed at. This man also likes to BLARE his TV while he's down there.
Well my boyfriend came home from work and we ate dinner and were sitting in our kitchen watching tv smoking a cigarette (and I mean a cigarette) and police come to our door. I asked what it was about and they said there was a complaint we were up here stomping around. I explained we weren't we just walk and sometimes I drop things when I'm cleaning. The cop then proceeded to accuse my BF of being high because his eyes were a little red. I admit, he was smoking weed earlier. He basically confessed and gave up his weed and such. He got arrested, completely cooperative, keeping his mouth shut, the cop then said "If you try anything I will LET you fall down these stairs".

Now, way back in December of 2007 I filed for an EPO on him in a different county because of a little domestic violence going on. He and I made resolutions, he was ordered Anger Management which he was abiding by. The judge also put into effect a DVO, which he CLEARLY stated at the hearing as well as on the paper that we could live together, have contact, just no ILLEGAL contact meaning physical abuse.

Well, I get a call from my BF after he was booked in he said he was being charged with Possession, Paraphanalia, and EPO violation.
FYI he lived up in Northern Indiana until almost a year ago, he's 21 going on 22 in Dec, and got a misdemeanor for paraphanalia when he was 18 in Indy.
He also spent 22 days in Jail for the Domestic Violence thing, 11 months were probated.

I am having trouble understand how this is even possibly related to the EPO or DVO or whatever, if they can charge that, because not a single thing on the paper said anything about drugs and we are allowed to reside and such together. His court hearing is tomorrow morning and I am going to try to tell the judge that we are allowed around each other. He's saying because of the EPO on top of all that he could be looking at 5-10 years, is that even right??

HELLLLLPPPPP!!!!What is the name of your state (only U.S. law)?
 


outonbail

Senior Member
He got arrested, completely cooperative, keeping his mouth shut,
Keeping his mouth shut would have been very wise, however this statement:
He basically confessed and gave up his weed and such.
does not fall under the description of keeping his mouth shut.

I am having trouble understand how this is even possibly related to the EPO or DVO or whatever,
Here, let me explain it to you. I'll have to use the information you have posted, so please remember that I have no control over the accuracy of your post.
So here is one of the conditions you have told us the Judge entered into the order:
The judge also put into effect a DVO, which he CLEARLY stated at the hearing as well as on the paper that we could live together, have contact, just no ILLEGAL contact
Since marijuana is illegal, it falls under the definition for violating the order you have posted.
I know, you also posted the following:
meaning physical abuse.
However, just because at the time you received the order, you interpreted it to only apply to physical abuse, does not mean the DA will be applying the same interpretation.

If the judge had meant for "no illegal contact" to be interpreted as "no physical abuse" I'm sure he/she would have just written it in the order as "no physical abuse".

Does this help you understand why he has been charged with the violation?

Your boyfriend needs a good attorney.
His court hearing is tomorrow morning and I am going to try to tell the judge that we are allowed around each other.
Well you can go to his hearing and try to explain anything you want to the judge,,, except for two little problems. First, your boyfriend's violation of the court order was not charged because the two of you were being around each other. The charge was filed for it being around each other during the commission of an illegal activity.
Second problem being, if tomorrow is your boyfriends arraignment, the judge will not be interested in hearing anything from his friends, family, school teachers, pen pal, or even his girlfriend. The judge will only want to hear "Guilty" or "Not Guilty" and your boyfriend will be expected to choose and orally notify the court which of these two available pleas he will be making, without needing your help.

You may get a chance to speak to the judge in a future hearing, but whatever you have to say will most likely not have much influence on your boyfriend's eventual sentence.
 
An EPO is only valid for no longer than 14 days. Your DVO on the other hand is still valid. Kentucky does not have a mandatory arrest law for the initial act of domestic violence; there is however a mandatory arrest statute upon probable cause for a violation of an order. Violation of a Domestic Violence Order is a class A misdemeanor punishable by up to a $500.00 fine and 12 months in jail.

What was his initial DV charge?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top