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Old 05-14-2011, 06:13 PM
 
2 posts, read 10,882 times
Reputation: 15

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1. EPO's are being granted to anyone, even without any evidence, by our courts.

Why? Because our judges do not want to be the one that denies an EPO, and have something happen to the person requesting it. So instead they grant nearly every request, and refer the accused to "anger management". These class administrators then get paid to accept responsibilty that the judges don't want.

Who suffers? The people accused falsely and defamed. The children of the accused and defamed. The people who actually need them. Taxpayers.

Who benefits? The lawyers paid to represent the accused, the courts, anger managment class administrators, judges, and those who wish to manipulate our court system for thier own twisted needs for revenge, or to legally attack and defame someone.

Defense? Nearly none. It is nearly impossible to prove you are not a threat to someone. Unless you have mega bucks for expert legal council with the means to pay a private investigator to investigate and gather evidence on the accuser. Or if you are handy with a recording device.

Possible solutions? Have ALL people filing for EPO's with little or no evidence of violence, screened and submit to a polygraph exam before their claim is seriously pursued.

Why will this never come to pass? Because lawyers and the courts would lose too much revenue.


That is what I have gathered so far in the research I have done on this topic. Please feel free to point out anything I may have missed, other perspectives, etc.

Your comments and suggestions will be printed out and given to Jefferson County Court in the near future. So consider this a sort of online petition.
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Old 05-15-2011, 07:30 PM
 
Location: Louisville, Kentucky
1,448 posts, read 4,471,127 times
Reputation: 889
I use to work around the court system for a long while, and my experience is that for every erroneously issue EPO, there are 10 that were well supported. And for every merited EPO issued, there were hundreds more that could have been issued. The EPO system isn't perfect, but it's much better than not having it.

An EPO is not a finding of guilt. An EPO cannot be issued without a sworn statement made under oath. In most cases there is medical evidence or photographic evidence to back up the accusation, or even independent witnesses. In most cases there is a long history of police reports as to abuse. You are correct that judges are going to err on the side of caution. But would we rather them err on the side of recklessness?

If you have been unjustly accused, I certainly feel sorry for you. The is little worse than being falsely accused of doing something you didn't do. In the end, those unjustly accused are usually vindicated. But to be honest here, I see a ton of anger coming through your post. It really makes me wonder. I hope it's just because you are upset at being accused of something you didn't do, but I fear it's just an indication that the EPO was justified. My sincere apology is that is wrong. But dude, this is your first post. And the user name you chose? Salivating Dog. Really? Salivating Dog? That doesn't exactly inspire confidence in your innocence.

The Family Court System is one of the few things we got right with our justice system. It's a model for the rest of the country. To make it out like some sort of kangaroo court is just not accurate or fair.
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Old 05-16-2011, 02:59 AM
 
Location: The Lakes
2,372 posts, read 4,653,027 times
Reputation: 1139
His username should have nothing to do with the fact that the system is broken and greater care should be taken in the issuing of them.

He was quiet until he saw something he felt was worth sharing. I applaud the OP.

I've filed an EPO before against a crazy ex who originally threatened to file one against me because I used less than choice words against her when she called me every night at 3 AM to share her sexual exploits with the man she cheated on me with. I never initiated any contact and she was threatening to do something that would defame me... and had the ability to! I agree with the OP. They're being thrown away like "LOL I DON'T LIKE YOU"s these days. It's a shame that I could be threatened with one FOR BEING STALKED. This was in another state, but I know how it goes in KY too.

Luckily that situation worked it out and all parties got what they deserved.
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Old 05-16-2011, 07:51 AM
 
Location: Louisville, Kentucky
1,448 posts, read 4,471,127 times
Reputation: 889
Quote:
Originally Posted by UKUKUK View Post
His username should have nothing to do with the fact that the system is broken and greater care should be taken in the issuing of them.

He was quiet until he saw something he felt was worth sharing. I applaud the OP.
The anger in his post practically jumped out of the computer at me. Registering in order to make this his first post and then choosing an angry user name just hit me as odd, to say the least.

I think you are giving him the benefit of the doubt by saying he was silent until he saw something "worth sharing". He was silent until an EPO was filed against him, at which point he came here looking for some sort of moral support. It isn't like he was minding his own business and saw an injustice being done to a stranger. He's not out to right the wrongs of the world -- he has a personal agenda here that is obvious.

Quote:
Originally Posted by UKUKUK View Post
This was in another state, but I know how it goes in KY too.

Luckily that situation worked it out and all parties got what they deserved.
As you say, that was in a different state. My experiences with Family Court here in Kentucky have been mostly positive. What I see are a bunch of judges struggling as best they can to do the right thing with people who are at their worst.

And as you say, your situation worked out, as I suspect his situation will work out as well. In these cases, the parties usually do get what they deserved, that being a double-edge sword, of course. But if he's looking for a bunch of sympathy from me based on his side of the story only, he's come to the wrong place. I suspect if we heard her side of the story, we might be reserving judgment.

In any case, he'll get his opportunity in court. That's where he needs to focus his attention, imo. Not trying to drum up support in a forum by telling only his version of the facts so he can print out supporting comments as if that were legitimate research.
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Old 05-18-2011, 04:42 PM
 
Location: The Lakes
2,372 posts, read 4,653,027 times
Reputation: 1139
Quote:
Originally Posted by Off Topic View Post
I think you are giving him the benefit of the doubt by saying he was silent until he saw something "worth sharing". He was silent until an EPO was filed against him, at which point he came here looking for some sort of moral support. It isn't like he was minding his own business and saw an injustice being done to a stranger. He's not out to right the wrongs of the world -- he has a personal agenda here that is obvious.
If he has been wronged, then of course he has a personal agenda. Most people don't even THINK about family courts in their local jurisdictions until they've had a run in with the system. If life is good and peachy and he doesn't have any experience nor has he heard of any problems until now, why would he be anything BUT silent if he had a previous "good" impression of the system?

All I'm saying is that EVERYONE deserves the benefit of the doubt when they feel they've been wronged... Not to say they should be let go, but at least have the situation investigated!

OP, good luck. I hope if you truly are in the right that you receive proper judgement.
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Old 06-07-2011, 07:21 PM
 
2 posts, read 10,882 times
Reputation: 15
All I know is my ex brags all the time on how she uses the court system to take care of her light work for her.

Under oath is a joke, and anyone familar with the court and epo system knows it.

There needs to be greater measures applied.

Our rights says you are innocent until proven guilty.

yet you can be sentenced to an epo or dvo, without being proven guilty of doing anything wrong at all.
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Old 06-08-2011, 07:40 AM
 
Location: Louisville, Kentucky
1,448 posts, read 4,471,127 times
Reputation: 889
Quote:
Originally Posted by Salivating Dog View Post
yet you can be sentenced to an epo or dvo, without being proven guilty of doing anything wrong at all.
That is incorrect. You are not sentenced or found guilty of an EPO because it is a civil action and not a criminal action. An EPO is not a criminal conviction and it does not go down in your record as a criminal convictions.

Once proof under oath is given and the requisites proven, you can have an EPO issued against you. But that is not the same as being sentenced. Moreover, you cannot be found to be in vioation of an EPO without proof given under oath. Not found guilty -- found to be in violation. Those are important distinctions.

Hopefully it makes you feel a little better about the situation to know that you were not convicted of any crime and do not have a criminal record as a result of the EPO.
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