October 9, 2026 | Domestic Violence

Many people facing these charges are surprised to learn that “domestic violence” is not a standalone crime in Kentucky. There is no single criminal offense titled “domestic violence” that a person is charged under. Instead, Kentucky law defines “domestic violence and abuse” in KRS § 403.720, but it’s not a specific criminal charge.

When a certain relationship exists between the two parties, the alleged conduct can fall under Kentucky’s domestic violence laws, which can trigger protective orders and other consequences that come with these cases. 

What Conduct Qualifies as Domestic Violence Under Kentucky Law?

Under Kentucky’s definition, domestic violence and abuse can include:

  • Physical injury or serious physical injury
  • Assault
  • Strangulation
  • Stalking
  • Sexual assault
  • Causing someone to fear imminent physical injury, serious physical injury, assault, strangulation, or sexual assault 

As you can see from the last item on the list, there’s no requirement that a physical act be done to qualify as domestic violence; causing someone to fear imminent harm can qualify on its own. 

Kentucky’s definition also reaches certain conduct involving a household pet, when the animal is harmed or threatened as a way to coerce, control, intimidate, punish, or retaliate against a family member or member of an unmarried couple.

Who Counts as a Family Member Under Kentucky Law?

The domestic violence statute applies only when the people involved have a qualifying relationship; without one, the conduct may still be a crime, but it falls outside Kentucky’s domestic violence framework. 

Under Kentucky law, “family member” includes:

  • A current or former spouse
  • A parent or child
  • A grandparent or grandchild
  • An adult sibling
  • A stepchild
  • Certain people living in the same household when a child is the alleged victim

The same conduct between two strangers and two family members can lead to very different proceedings, protective orders, and consequences, so whether the parties actually fall within these categories is often one of the first questions a defense attorney examines.

What Does Kentucky Mean by a “Member of an Unmarried Couple”?

Kentucky’s domestic violence laws don’t stop at family members. It also covers members of an unmarried couple, which can include:

  • Unmarried people who have a child together
  • Their children
  • Unmarried couples who currently live together
  • Unmarried couples who formerly lived together 

Something missing from this list is a couple that’s dating. Couples who are dating but have never lived together and don’t share a child are addressed separately under a different statute.

What Happens After a Domestic Violence Arrest in Kentucky?

A domestic violence arrest usually sets more than one process in motion. Depending on the allegations, a defendant may face criminal charges, bond conditions, no-contact orders, a separate protective order proceeding, and restrictions on returning home or contacting family members. 

The criminal case and the protective order case are related but legally distinct proceedings. They move on different timelines, involve different standards of proof, and can reach different outcomes. 

A protective order can be issued even if the criminal case is later dismissed, and what’s said in one proceeding can affect the other. Someone facing both needs a defense strategy that accounts for both concerns.

Can the Alleged Victim Drop Domestic Violence Charges?

This is one of the most common questions in these cases, and the answer surprises people, but victims cannot decide on their own to drop the charges. Once criminal charges are filed, the prosecutor generally decides whether the case continues, not the alleged victim. 

The alleged victim can tell prosecutors they don’t want the case to proceed, and prosecutors may take that into account, but it does not automatically end the prosecution. 

That’s because prosecutors can build a case on evidence beyond the alleged victim’s testimony, including:

  • 911 recordings
  • Body-camera footage
  • Photographs
  • Medical records
  • Witness statements
  • Text messages and other digital evidence

So even when both people involved want the case to go away, it often doesn’t.

Contact Suhre & Associates DUI and Criminal Defense Lawyers To Schedule a Free Consultation With a Lexington Domestic Violence Defense Attorney

A domestic violence arrest in Kentucky can change your life overnight, including criminal charges, a protective order, and restrictions on seeing your own family. Fortunately, you don’t have to navigate it alone.

We’ll review the allegations, explain how the criminal case and any protective order proceeding fit together, and start building a defense that protects your rights and your future.

For more information, contact the domestic violence attorneys at Suhre & Associates DUI and Criminal Defense Lawyers. Give us a call today at (859) 569-4014 or visit us at our Lexington law office.

Suhre & Associates DUI and Criminal Defense Lawyers – Lexington
333 West Vine Street #212,
Lexington, KY 40507
(859) 569-4014