FAMILY LAW: Domestic violence order supported by underlying conviction for offenses: VALENTINE V. HORAN (COA 9/5/2008)

VALENINE
        V. HORAN
FAMILY LAW:  Domestic violence order supported by underlying conviction for
offenses
       
       
2007-CA-002010
        TO BE PUBLISHED: AFFIRMING
        PANEL:  LAMBERT PRESIDING;  STUMBO, THOMPSON CONCUR
        JEFFERSON COUNTY
        DATE RENDERED: 9/5/2008

LAMBERT, J:
Greg Valentine appeaed an emergency protective order (EPO) and a domestic violence order
(DVO) entered by the family court.  COA affirmed holding the evidence was sufficient support grant of DVO.

Greg had been arrested and charged with  a multitude of criminal offenses,
including kidnapping, rape, assault, terroristic threatening, unlawful imprisonment, sexual abuse, and tampering with physical evidence. These charges were based on events that took place on with his then live-in girlfriend, Kristin Horan. Apparently Greg and Kristin fought about financial matters, family problems, and problems within their relationship.

Ultimately, Greg was convicted of assault in the fourth degree and of two counts of sexual abuse in the first degree. At the conclusion of his trial, Greg filed a motion to vacate, in which he raised issues of Kristin’s psychiatric treatment and emotional instability. Greg’s motion was subsequently denied, and he is currently appealing his sentence via a Kentucky Rules of Criminal Procedure (RCr) 11.42 motion. Greg claims that he is investigating evidentiary matters associated with his trial and conviction and that accordingly, he filed an open records request with the Educational Professional Standards Board (EPSB) concerning Kristin. When Kristin found out about that request, she filed for the emergency protective orders at issue in this appeal.

Given that the trial and subsequent conviction of assault and sexual abuse arose from domestic violence,
the COA found the standards under KRS 403.740, KRS 403.750, and Commonwealth v. Anderson, 934 S.W.2d 276, 278
(Ky.1996) to be met. Kristin suffered physical injury and sexual abuse at the hands of Greg Valentine, and the evidence shows that she was more likely than not to have been a victim of domestic violence. The standard in a criminal case is more stringent than the preponderance of the evidence standard set forth in Anderson. Because Greg was found guilty beyond a reasonable doubt, we find that the evidence also shows Kristin more likely than not was the victim of domestic violence. Given that Greg will be out of prison shortly and is inquiring about Kristin after all these years, it is possible that domestic violence may again occur. Thus, the domestic violence protective order was appropriately entered.

Digested by Michael Stevens

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