Wright v. Wright and Fraley v. Fraley, 181 SW3d 49
(Ky.App., 2005)
A full evidentiary hearing must be afforded by the
Court before entering or denying a DVO.
The Court of Appeals reversed the entry of a DVO in Wright and the dismissal of an EPO in Fraley, holding that due process required each party be given a meaningful opportunity to be heard. It was error in the Wright case for the Court to ask no questions of either party and to impermissibly rely upon extrajudicial evidence. In the Fraley case, movant's counsel was not given a full opportunity to develop evidence of the prior violent incident.
The Court of Appeals recognized the immense impact the DVO can have upon victims and the devastating impact it can have on an alleged perpetrator holding that a full evidentiary hearing must be afforded to the parties.
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