What is the penalty for a DVO violation if contact was mutual?

About 2 1/2 years ago my wife and I separated at which time she put a DVO against me which was to be in place for 3 years. After being separated for 6 months we agreed to do better so that we could both be a part of our children’s lives. We attempted to have family court amend or drop the order and they would not. After living together for 21 months she started an affair. When I found out she had me picked up for the violation. Do I have a chance of fighting this considering the time that we were together, or is the penalty low enough that I should plead guilty and start a divorce?

Asked on September 8, 2010 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally, even if the contact was mutual it is a dangerous thing for you to violate it.  You are the one with everything to lose and your wife proved that by using it as a tool against you when the mood struck.  DVO's are taken very seriously by the court and I would not assume that the penalty is low at all.  I do think that you should seek help from an attorney as soon as you can to see if you can present evidence to the court of your mutual wish to drop the DVO to no avail, of your reconciliation and living together, etc. to help mitigate or reduce and soften the penalties that can ensue.  And I would start talking to someone about divorce proceedings, yes, as it appears from your question that your wife has decided another path to take in your relationship.  Good luck.


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