Kentucky Court of Appeals Reverses Family Court: Domestic Violence Order Must Be Granted in Jefferson County Case

Louisville, KY – April 25, 2025 — In a critical decision safeguarding survivors of intimate partner violence, the Kentucky Court of Appeals reversed a Jefferson Family Court ruling that had denied a Domestic Violence Order (DVO) request, despite overwhelming evidence of abuse, threats, and ongoing danger. This case sends a strong message: Kentucky law requires courts to fully consider the totality of the circumstances in domestic violence cases, including threats, patterns of behavior, and the presence of children.

 At Bowman Legal, we were proud to represent the Appellant and get this decision reversed.

 Background: A Pattern of Abuse Ignored

The case arose after Mr. Maupin filed a domestic violence petition in April 2024 against his former partner, Amy Garrard, on behalf of himself and their four-year-old son. In his petition, Mr. Maupin described a longstanding pattern of physical and verbal abuse, fueled by Ms. Garrard’s severe alcoholism and drug use. He alleged that she routinely consumed alcohol beginning at 6:00 a.m., had attacked him multiple times—including a recent assault that led to her arrest—and had threatened to have him killed. He also testified that their young son was present for nearly every violent incident and feared his mother.

 The Jefferson Family Court initially granted a temporary Emergency Protective Order (EPO) for Mr. Maupin, but not for the child. At the full hearing, Ms. Garrard appeared and admitted to substance abuse, physical violence, and making threatening statements—some of which were played aloud in court. In one recording, Ms. Garrard could be heard saying, “If you take my baby away… you’re gonna get killed.”

 Despite this evidence, the family court dismissed the petition, stating that domestic violence was not likely to recur because Ms. Garrard had recently begun sobriety and mental health treatment.

 Appeal and Reversal: The Totality of Circumstances Must Be Considered

On appeal, we argued that the trial court erred in dismissing the DVO and failed to apply the proper legal standard under KRS 403.740 and KRS 403.720. Kentucky law authorizes the issuance of a DVO when a court finds, by a preponderance of the evidence, that domestic violence has occurred and may again occur. Importantly, courts must evaluate the totality of the circumstances to assess future risk.

 The Court of Appeals agreed.

 In its published opinion, the appellate panel found that the family court’s conclusion was clearly erroneous. The opinion emphasized that the threats made by Ms. Garrard—including multiple death threats made directly to Mr. Maupin—were credible, corroborated by recordings, and demonstrated a future plan to act. The Court also noted that the child’s repeated exposure to violence, the parties’ need to co-parent, and the history of substance abuse created a continuing risk of harm.

 The appellate court cited Pettingill v. Pettingill and Williford v. Williford, two Kentucky precedents reinforcing that past violence, especially paired with threats of future harm, meets the standard for issuing a protective order.

 Why This Decision Matters

Until this decision, there has been no case law reversing a trial court’s failure to issue a domestic violence order. This ruling underscores the importance of appellate advocacy in domestic violence cases and clarifies that Kentucky courts cannot dismiss credible threats or ongoing risk merely because an abuser claims to be in recovery. A brief period of sobriety does not erase a long-standing pattern of violence—especially when children are involved.

 This decision also affirms that victims have the right to seek meaningful protection through the courts, and that courts must weigh the cumulative effect of abuse, threats, and fear—not isolate events in a vacuum.

 If You Need Help, We’re Here

At Bowman Legal, we are committed to protecting survivors of domestic violence and ensuring the courts apply the law as intended. If you or someone you know is facing threats, physical harm, or intimidation in a domestic relationship, legal relief is available.

Contact us today for a confidential consultation. We’re ready to help you fight back with experienced, compassionate legal representation.