Contesting Epo And Tenancy

Summary

An Emergency Protective Order (EPO) can restrict contact, but if your ex-girlfriend is not on the lease, she likely has no legal claim to your apartment. To contest the EPO, file a Motion to Dissolve or Modify an Emergency Protective Order in Kentucky. Gather evidence like your lease agreement and utility bills. Submit the form to the court and serve your ex-girlfriend. For burglary charges, contact the police department for updates. If unresponsive, file a complaint with internal affairs. A sheriff serving documents cannot evict you without a specific court order. Check the EPO for any eviction clauses and consult a lawyer if needed.

Full Conversation

My ex-girlfriend filed an EPO against me and is trying to take over my apartment. She is not on the lease, nor has she been in the entire two years I have lived in my apartment.
Everett, it sounds like a stressful situation. Is the apartment located in the same jurisdiction where the EPO was filed? This could affect the legal procedures you need to follow.
Yes
Everett, here are some general points to consider:
- An EPO (Emergency Protective Order) can restrict your contact with your ex-girlfriend.
- Since she is not on the lease, she likely has no legal claim to your apartment.
- You may need to file a motion to contest the EPO or clarify the living arrangements.
Would you like more information on how to proceed with contesting the EPO or protecting your tenancy rights?
Yes
To contest the EPO and protect your tenancy rights, consider the following steps:
- File a Response: Respond to the EPO by filing a motion in court. This can involve providing evidence that she's not on the lease and has no legal right to the apartment.
- Gather Evidence: Collect any documentation that proves your sole tenancy, such as the lease agreement, utility bills, etc.
- Court Hearing: Attend the court hearing to present your case.
- Legal Representation: Consider seeking legal advice or representation to strengthen your case.
Would you like guidance on how to file a response or need help finding legal assistance?
Need guidance on how to file a response
Sure, Everett! Here's how you can file a response to contest the EPO:
- Complete Court Forms: Obtain and fill out the necessary court forms for responding to an EPO. These forms are usually available on your local court's website or at the courthouse.
- Attach Evidence: Attach copies of evidence like your lease agreement and utility bills to support your claim.
- File with Court: Submit the forms and evidence to the court where the EPO was filed.
- Serve the Other Party: Ensure your ex-girlfriend receives a copy of your response. This can typically be done through a process server or sheriff.
- Attend the Hearing: Be prepared to present your case at the scheduled court hearing.
Would you like more details on any of these steps?
What form do I need to file out for a response to the EPO? I reside in the state of Kentucky.
In Kentucky, to respond to an EPO, you typically need to file a "Motion to Dissolve or Modify an Emergency Protective Order." This form can be obtained from your local circuit court clerk's office or their website.
Would you like more details on where to find the forms or how to fill them out?
How to file out the form.
To fill out the "Motion to Dissolve or Modify an Emergency Protective Order" form in Kentucky:
*. Obtain the Form: Get it from your local circuit court clerk's office or their website.
*. Complete the Information:
- Fill in your personal details and case number.
- State your reasons for dissolving or modifying the EPO.
- Attach supporting evidence (e.g., lease agreement, utility bills).
*. Sign and Date: Ensure the form is signed and dated.
*. File with Court: Submit the completed form to the court.
*. Serve the Other Party: Ensure your ex-girlfriend receives a copy of the filed form.
Would you like more help with any specific part of filling out the form?
No thanks. I have another question
Sure, Everett. What's your next question?
I filed burglary charges against her for items she have stolen out of my apartment. But I can not get a response or information about who is handling the case. How do I get answers and who can I complain to about this issue?
To get updates on your burglary case, you should contact the police department where you filed the report. Ask for the case number and the assigned detective. If you're not getting a response, you can file a complaint with the police department's internal affairs division.
Do you need more details on how to file the complaint?
Yes
To file a complaint with the police department's internal affairs division:
- Obtain Contact Information: Find the contact details for the internal affairs division on the police department's website.
- Prepare Your Complaint: Write a detailed account of the lack of response, including dates and any communication attempts.
- Submit the Complaint: Send your written complaint via mail, email, or through the department's online portal if available.
Would you like help drafting your complaint?
Not at this moment, thanks
You're welcome, Everett. If you have any more questions in the future or need further assistance, feel free to reach out. Take care!
One more question, if I call to be served by the sheriff, can they make me vacate my apartment if though she is no longer living her?
No, a sheriff serving you with court documents, such as an EPO, does not have the authority to make you vacate your apartment, especially if your ex-girlfriend is not on the lease and no longer living there. Only a court order specifically directing eviction could enforce such an action.
Do you have any more questions or need further clarification on this matter?
How can I find out if the court order specifically requires me to vacate my apartment?
To find out if the court order specifically requires you to vacate your apartment, check the language of the EPO document itself. Look for any clauses or directives about vacating the premises. If it's unclear, you might want to consult with a legal professional for a thorough review.
Would you like help finding a lawyer to review the document?