Hunter v. Mena
2009-CA-000494 01/08/2010 2010 WL 45919
Opinion by Judge Acree; Judges Keller and Lambert concurred. The Court affirmed in part and reversed in part and remanded a Domestic Violence Order. The Court first held that the family court erred in including a requirement in the DVO, entered pursuant to a petition by appellee, that appellant have no contact with his nephew. Appellee’s petition was not filed on behalf of the nephew and therefore, could not justify entry of an order protecting the nephew. The Court next held that the family court had subject matter jurisdiction to enter the DVO to protect appellee. Although appellee was physically residing in Indiana with her mother at the time the petition, the evidence indicated that she desired to remain a resident of Kentucky and not that she intended to forever abandon the state as her domicile. The Court finally held that the evidence did not contradict the family court’s determination that appellant committed acts of domestic violence against appellee. Although the evidence was conflicting, the family court was the proper arbiter to make the factual determination based upon substantial evidence.