Bowman Legal Secures Another Victory in Kentucky Court of Appeals: DVO Vacated for Due Process Violation
Published: November 14, 2025
LOUISVILLE, KY – Bowman Legal is proud to announce a significant appellate victory in the Kentucky Court of Appeals. In McClain v. Taylor (2025-CA-0499-ME), rendered today, the Court unanimously vacated a domestic violence order and vindicated our client's constitutional rights to due process and proper notice.
The Kentucky Court of Appeals issued a powerful decision reinforcing fundamental due process protections in domestic violence proceedings and all family law matters. In a unanimous opinion authored by Judge Moynahan and joined by Judges Eckerle and McNeill, the appellate court vacated a domestic violence order because our client, Aundria McClain, never received proper notice of a rescheduled hearing.
This victory demonstrates why protecting your constitutional rights requires skilled appellate advocacy and zealous representation at every level of Kentucky's court system.
What the Court Said About Our Arguments
The Court of Appeals' opinion adopted our constitutional arguments with powerful language emphasizing the seriousness of the trial court's errors:
"The holding of the fatally flawed hearing, and the issuance of an order pursuant to that flawed hearing, were fundamentally unfair and unsupported by sound legal principles."
"Due process is not satisfied when a DVO is granted without a full hearing."
"Service via voicemail is facially insufficient under the plain language of CR 5.02."
These aren't close calls or split decisions. This is a unanimous Court of Appeals declaring that fundamental constitutional rights were violated and that our client deserves a new hearing with proper notice and due process protections.
Case Citation: McClain v. Taylor, No. 2025-CA-0499-ME (Ky. App. Nov. 14, 2025) (Moynahan, J.) (Eckerle, J., and McNeill, J., concurring)
The Constitutional Right to Notice in Kentucky Family Court
Due process is not just a legal concept. It is your constitutional guarantee to fair treatment in court proceedings. As the Court of Appeals emphasized in this decision, "the minimum requirements of due process require adequate notice and a meaningful opportunity to be heard." When courts fail to provide proper notice, even well-intentioned proceedings become fundamentally unfair and legally invalid.
Why This Victory Matters: Protecting Constitutional Rights Through Appellate Advocacy
This unanimous decision by the Kentucky Court of Appeals represents more than just a favorable outcome for our client. It stands as a testament to the critical importance of thorough appellate advocacy and the willingness to fight for constitutional principles, even when opposing parties proceed pro se and trial courts overlook fundamental procedural requirements.
What We Achieved:
Our appellate representation successfully demonstrated that:
Kentucky's service requirements are not mere technicalities but essential constitutional protections
Voicemail messages cannot substitute for proper service under Kentucky Rules of Civil Procedure
Due process violations require reversal regardless of the underlying merits
Courts must strictly comply with notice requirements before issuing orders with serious, long-term consequences
The Court of Appeals adopted our arguments wholesale, recognizing that the trial court's failure to ensure proper service violated our client's fundamental right to be heard. This victory ensures Ms. McClain will finally receive the fair hearing she was denied and reinforces these constitutional protections for all Kentuckians facing family court proceedings.
Strategic Appellate Advocacy Made the Difference:
This case presented complex procedural and jurisdictional issues that required careful navigation. Our brief successfully:
Identified the constitutional dimension of the service defect
Distinguished adverse precedent while analogizing favorable case law
Preserved the proper standard of review despite jurisdictional complexities
Presented compelling facts demonstrating the complete absence of proper notice
Framed the appeal to emphasize fundamental fairness concerns
The result was a complete victory, with the Court vacating the domestic violence order and remanding for a properly noticed hearing where our client can finally defend herself.
The Court of Appeals Decision: A Comprehensive Win
The Court of Appeals didn't just rule in our favor on narrow grounds. The unanimous opinion provided a thorough analysis of due process requirements, service rules, and constitutional protections in family court proceedings.
Key Holdings from the Decision:
The Court held that:
Service via voicemail is "facially insufficient under the plain language of CR 5.02"
The minimum requirements of due process require "adequate notice and a meaningful opportunity to be heard"
DVOs are "serious with significant long-term consequences," requiring strict procedural compliance
"One of the elementary essentials of judicial proceedings is that notice of a hearing or trial be given or received by the parties"
The errors "cannot reasonably be deemed to be harmless" when they result in issuing a DVO without the respondent having any opportunity to challenge the allegations
The Court emphasized that the trial court's actions were "fundamentally unfair and unsupported by sound legal principles," adopting the exact arguments we advanced in our appellate brief.
What the Court Rejected:
Importantly, the Court declined to accept an unsupported clerk's notation suggesting "hand delivery" of the rescheduling order. We successfully argued that without any return of service form or other proof of service required by CR 5.03, and with our client's uncontradicted testimony that she never received notice, the notation could not establish proper service. The Court agreed, noting that "the Family Court itself stated at the very beginning of the hearing that it assumed McClain had not known about the rescheduled hearing."
This comprehensive ruling establishes strong precedent protecting due process rights in all Kentucky family court proceedings.
What Happened in McClain v. Taylor? Our Client's Story
A domestic violence hearing was originally scheduled for February 11, 2025, in Jefferson Family Court. Our client was properly served with the initial petition and summons. However, when the court closed due to inclement weather, the hearing was rescheduled to February 25, 2025.
Here's where the system failed our client. Ms. McClain never received proper notice of the new hearing date. The only alleged notification was a voicemail message from an unknown number, which she testified didn't even appear on her phone until after the hearing had already occurred. When the hearing proceeded without her, the trial court granted a domestic violence order based solely on the petitioner's testimony. Our client had no opportunity to defend herself or challenge the allegations.
Ms. McClain promptly filed a pro se motion seeking to set aside the order, explaining that she never received notice of the rescheduled hearing. At the hearing on that motion, even the trial court acknowledged it had assumed Ms. McClain "had not known about the rescheduled hearing." Despite this acknowledgment, the trial court denied her motion without explanation.
That's when Ms. McClain retained Bowman Legal to fight for her rights on appeal. We immediately recognized the fundamental due process violation and crafted an appellate strategy focused on Kentucky's mandatory service requirements and constitutional protections.
Kentucky's Service Requirements: More Than Just a Technicality
Many people mistakenly believe that notice requirements are mere technicalities. Nothing could be further from the truth. Kentucky Rules of Civil Procedure 5.01 and 5.02 establish clear, mandatory requirements for serving court orders on parties. These rules exist to protect your fundamental rights.
Under Kentucky law, service must be accomplished by:
Delivering a copy directly to the party, or
Mailing it to the party's last known address
Voicemail messages do not satisfy these requirements. The Court of Appeals made this crystal clear, stating that "service via voicemail is facially insufficient under the plain language of CR 5.02."
Why This Matters for Your Family Law Case
The principles established in McClain v. Taylor apply across all family law proceedings in Kentucky, including:
Divorce cases: Proper notice of hearings, mediation sessions, and trial dates
Child custody disputes: Ensuring both parents receive adequate notice of custody hearings and modification proceedings
Child support matters: Notice requirements for support establishment and modification hearings
Domestic violence proceedings: Strict adherence to service requirements to protect due process
Dependency, neglect, and abuse cases: Constitutional protections for parents facing potential termination of parental rights
When courts fail to provide proper notice, any resulting orders are vulnerable to reversal on appeal, regardless of the underlying merits of the case.
The Appellate Process: Your Second Chance at Justice
Many clients come to our office after unfavorable trial court decisions, asking whether they have any options. The answer is often yes. Kentucky's appellate courts exist precisely to correct errors like those in McClain v. Taylor. When trial courts violate your constitutional rights, skilled appellate representation can make all the difference.
Signs You May Have an Appellate Issue
Consider consulting with Bowman Legal’s Appellate division if:
You didn't receive proper notice of a hearing
A hearing proceeded without your knowledge or presence
The court made rulings without giving you an opportunity to present evidence
Important evidence was excluded or ignored
The trial court's decision seems contrary to established law
Procedural errors affected the outcome of your case
Constitutional violations occurred during your proceedings
What the Court Said About Due Process
The Court of Appeals didn't mince words in describing the importance of notice requirements. The opinion emphasized that holding a hearing without proper notice was "fundamentally unfair and unsupported by sound legal principles."
The court quoted longstanding Kentucky precedent: "one of the elementary essentials of judicial proceedings is that notice of a hearing or trial be given or received by the parties." This isn't new law. It's a bedrock principle of American jurisprudence, dating back to the U.S. Supreme Court's landmark decision in In re Gault.
Domestic Violence Orders Have Serious Consequences
The opinion specifically noted that a domestic violence order "is serious with significant long-term consequences" and therefore "due process is not satisfied when a DVO is granted without a full hearing." These consequences can include:
Restrictions on contact with family members
Loss of firearm rights
Impact on employment opportunities
Housing limitations
Effects on custody and visitation with children
Criminal penalties for violations
Given these serious ramifications, courts must strictly comply with notice and due process requirements.
Why Bowman Legal's Appellate Experience Makes the Difference
Successfully challenging a trial court's decision requires more than understanding what went wrong. It demands expertise that comes from years of appellate practice and a track record of success. Today's victory in McClain v. Taylor showcases the skills we bring to every appeal:
Detailed knowledge of procedural rules: We didn't just identify the notice violation. We navigated complex jurisdictional issues, distinguished the case from prior precedent like Thurman v. Thurman, and addressed the interlocutory nature of CR 59.05 denials to ensure the Court of Appeals had proper jurisdiction over the underlying DVO order.
Exceptional appellate brief writing: Our brief presented complex legal arguments clearly and persuasively, supported by relevant case law and statutory authority. The Court of Appeals adopted our analysis and reasoning, demonstrating the persuasive quality of our written advocacy.
Deep understanding of appellate standards of review: We properly framed the constitutional due process issue for de novo review while also addressing the abuse of discretion standard applicable to DVO proceedings. Getting the standard of review right is critical to appellate success.
Strategic and creative thinking: We recognized how to frame this case to emphasize fundamental fairness concerns while distinguishing potentially adverse precedent. We knew which issues to raise, how to present them, and what relief to request. Strategic decisions made at the briefing stage determined the outcome.
Thorough record review: Our careful examination of the trial court record revealed the critical absence of any proper proof of service, despite a clerk's notation suggesting hand delivery. This attention to detail was essential to demonstrating the due process violation.
The result speaks for itself: a unanimous decision vacating the DVO and remanding for a properly noticed hearing. This is the caliber of appellate representation we provide to every client.
Lessons for Kentucky Family Law Practitioners and Litigants
The McClain v. Taylor decision reinforces several critical points:
For attorneys: Always verify that clients received proper service of orders, especially rescheduling orders. Don't assume court staff properly served all parties. When representing clients on appeal, carefully examine the record for service defects.
For self-represented litigants: If you don't receive written notice of a court date, contact the court immediately. Keep documentation of all communications (or lack thereof) with the court. If a hearing proceeds without you, file a motion to set aside the resulting order as soon as possible.
For anyone in family court: Your constitutional rights matter. Proper notice isn't optional. Courts must follow the rules designed to protect your rights. When they don't, appellate relief may be available.
When to Call an Appellate Attorney
Don't wait too long to explore your appellate options. Kentucky has strict deadlines for filing appeals. In domestic violence cases, appeals are expedited under Kentucky Rule of Appellate Procedure 30(E), meaning they move quickly through the appellate process.
If you believe your rights were violated in a family court proceeding, consult with an experienced appellate attorney immediately. Even if you're unsure whether you have grounds for an appeal, a consultation can clarify your options and protect your rights.
Bowman Legal's Proven Track Record in Kentucky Family Law Appeals
The McClain v. Taylor decision represents our latest successful outcome in an extensive and growing appellate practice. Today's unanimous victory by the Kentucky Court of Appeals demonstrates our commitment to protecting clients' constitutional rights and our ability to achieve favorable results even in challenging procedural contexts.
Our Appellate Practice:
We handle appeals throughout Kentucky in all family law matters, including:
Divorce appeals
Custody and visitation disputes
Child support modifications
Domestic violence proceedings
Dependency, neglect, and abuse cases
Adoption matters
International family law cases
Our experience includes representation before both the Kentucky Court of Appeals and the Kentucky Supreme Court, with multiple published opinions establishing favorable precedent for Kentucky family law practitioners and litigants.
Why Clients Choose Bowman Legal for Appeals:
Proven Results: We secure favorable outcomes in complex appellate matters, as demonstrated by today's unanimous decision
Deep Expertise: We understand Kentucky family law procedure, substantive law, and appellate advocacy
Strategic Thinking: We identify winning issues and present them persuasively to appellate courts
Responsive Service: We keep clients informed throughout the appellate process
Statewide Practice: We handle appeals from family courts throughout Kentucky
Whether you're facing an adverse trial court decision or defending against an appeal, we have the experience and expertise to protect your rights and achieve favorable outcomes.
Constitutional Rights Don't Disappear in Family Court
Some people believe that family court proceedings are less formal than other court cases. That is wrong, in fact your rights are protected in family court and, constitutional protections remain fully intact. Your right to due process, your right to notice, and your right to be heard are just as strong in family court as anywhere else in the legal system.
Today's McClain v. Taylor decision confirms this principle with resounding clarity. When a trial court violates your constitutional rights, Kentucky's appellate courts stand ready to correct those errors and ensure justice prevails. Our successful representation of Ms. McClain demonstrates that with skilled advocacy and unwavering commitment to constitutional principles, even seemingly insurmountable obstacles can be overcome on appeal.
Celebrating This Victory, Ready for the Next Challenge
We're proud of today's unanimous victory in the Kentucky Court of Appeals. This decision vindicates our client's rights, reinforces fundamental constitutional protections, and establishes important precedent for future cases.
But our work doesn't stop here. Every day, Kentuckians face family court proceedings where their rights may be at risk. Every day, trial courts issue decisions that may warrant appellate review. And every day, Bowman Legal stands ready to fight for those who need skilled appellate advocacy to protect their rights and their families.
You can’t change the past, but you can appeal it.
That's not just our tagline. It's our commitment to every client who has suffered an unjust outcome in family court. Today's decision in McClain v. Taylor proves that with thorough legal research, strategic appellate advocacy, and unwavering commitment to constitutional principles, wrongful decisions can be overturned and justice can prevail.
Contact Bowman Legal for Appellate Representation
If you believe a family court decision violated your rights, or if you're facing an appeal filed by another party, we can help. Our firm's proven success in complex family law appeals speaks for itself. Today's unanimous victory demonstrates our ability to achieve favorable outcomes even in challenging cases with significant procedural complexities.
We offer consultations to evaluate potential appeals and explain your options. Time is critical in appellate matters, so don't delay in seeking advice. Let us put our appellate expertise to work for you.
The outcome of any particular case depends on the specific facts and circumstances. Prior results do not guarantee similar outcomes in future cases. This article provides general information and does not constitute legal advice for your specific situation.
Frequently Asked Questions About Family Law Appeals in Kentucky
How long do I have to file an appeal in Kentucky family court?
Generally, you must file a notice of appeal within 30 days of the entry of the final order. However, some appeals, like those involving domestic violence orders, are expedited. Contact an appellate attorney immediately to protect your rights.
Can I appeal if I didn't receive notice of a hearing?
Yes. As McClain v. Taylor demonstrates, lack of proper notice violates due process and provides strong grounds for appeal. You should also file a motion in the trial court to set aside the order, but appellate relief may be necessary if the trial court denies that motion.
What happens if the Court of Appeals reverses my case?
If the Court of Appeals reverses or vacates the trial court's decision, the case is typically remanded (sent back) to the trial court for further proceedings consistent with the appellate court's ruling. This could give you a second opportunity to present your case.
Do I need the same attorney for my appeal who represented me at trial?
No. Many clients choose to hire specialized appellate counsel who focus exclusively on appeals. Appellate work requires different skills than trial practice, and attorneys experienced in appellate advocacy often achieve better results.