Domestic Violence in Kentucky: Supreme Court Rules State Can Protect Residents from Out-of-State Abusers
In a pivotal ruling issued April 24, 2025, the Kentucky Supreme Court in Baum v. Aldava, 2024-SC-0182-DGE, clarified and reinforced the power of Kentucky courts to protect victims of domestic violence—even when the alleged abuser resides outside the Commonwealth. The opinion marks a substantial advancement for survivor protections, emphasizing that Kentucky courts can act to shield both parents and children who escape abuse and relocate to Kentucky, regardless of whether the court can obtain personal jurisdiction over the abuser.
Case Background: A Mother’s Flight from Abuse
The case arose from a series of domestic violence incidents involving Alyssa Baum and her then-partner, Justin Aldava. The parties lived in multiple states due to Aldava’s transient work as a wind turbine technician, including Texas and Washington. In late 2020, following a particularly violent incident in which Baum was physically assaulted in the presence of their young child, she fled with the child to Kentucky for safety and stability.
Within days of arriving, Baum petitioned the Jefferson Family Court for an Emergency Protective Order (EPO), which was granted and later amended to include temporary custody of the child. Despite numerous attempts, Aldava was not served until several months later. He then challenged the court’s authority, arguing that, as a non-resident, Kentucky lacked personal jurisdiction to issue a Domestic Violence Order (DVO) against him—especially one affecting his custody rights or firearm possession.
The Legal Question: Can Kentucky Courts Protect Victims from Out-of-State Abusers?
At the heart of the case was whether Kentucky courts could issue enforceable protection orders that include custody determinations and firearm restrictions against individuals who have no physical presence or sufficient contacts within the state.
The Court of Appeals initially ruled that the family court lacked personal jurisdiction over Aldava and therefore could not issue certain “affirmative” relief, such as custody or firearm restrictions. However, the Kentucky Supreme Court rejected this narrow interpretation
The Ruling: State Courts Can Act to Protect Their Own
In a thorough and far-reaching opinion, the Supreme Court held:
Waiver of Jurisdictional Challenge: Aldava waived any objection to personal jurisdiction by failing to raise it in his first court filings. His participation in court proceedings without timely objection constituted consent to jurisdiction.
Domestic Violence Orders Apply Even Without Personal Jurisdiction: The Court affirmed that Kentucky courts have the authority to issue DVOs protecting residents from out-of-state abusers, even when personal jurisdiction is lacking. These orders are valid under both Kentucky law and federal constitutional principles because they relate to the status and safety of Kentucky residents.
In Rem Jurisdiction and Emergency Custody: Kentucky courts can enter temporary custody orders under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) when the child is physically present in Kentucky and there is an emergency involving abuse or mistreatment. These are “in rem” proceedings concerning the welfare of the child—not personal claims against the respondent—and do not require traditional personal jurisdiction.
Firearm and Proximity Restrictions: Orders restricting firearm possession and proximity to victims were upheld as valid exercises of the court’s protective powers under KRS Chapter 403.
What This Means for Victims of Domestic Violence in Kentucky
This decision delivers a strong message: Kentucky will not stand idle while victims of abuse seek refuge within its borders. Whether the abuser is a state resident or not, Kentucky courts have both the authority and the moral imperative to protect victims—especially children—from further harm.
For survivors of domestic violence who have fled dangerous situations in other states, this ruling ensures that they do not need to wait for violence to recur in Kentucky before receiving legal protection. It also underscores the importance of acting quickly and effectively in filing for protective orders and seeking custody.
Bowman Legal Can Help
If you or someone you love has fled abuse and needs legal protection in Kentucky, Bowman Legal is here to help. Our experienced family law attorneys understand the urgency and sensitivity of these cases. We’ll act swiftly to ensure your safety, preserve your rights, and advocate for you in court.
We have deep experience navigating domestic violence orders, emergency custody, and interstate jurisdictional issues. We will help you seek immediate protection and long-term stability for your family.
📞Call us today at (502) 861-7414 or schedule a consultation online.
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