Crimes
Even if you do not qualify for a protective order/domestic violence order, the abuser may have committed a crime. If you call the police, they may arrest him/her for a crime and you may get a restraining order through the criminal court. Remember that even if you do have a protective order/domestic violence order or a criminal complaint, you can still report the abuser to the police if you believe s/he committed a crime against you.
In our Abuse Using Technology section, you can learn about the types of behaviors that are considered a misuse of technology. Depending on the specific laws of your state, some of these behaviors might be recognized as crimes.
What are some crimes that the abuser may have committed in Kentucky?
How do I file a criminal complaint?
If I am the victim of a crime, where can I get additional help in Kentucky?
What are some crimes that the abuser may have committed in Kentucky?
Here is a list of some possible crimes in Kentucky that the abuser may have committed. You can click on the links to read the legal definition of each crime on our State Statutes page:
How do I file a criminal complaint?
If you believe that a crime has been committed against you, one option you have is to file a criminal complaint at the district court clerk’s office. If you are filing against a minor, you may need to file in a different place. This will vary by county. There is no fee to file, and you do not need a lawyer.
You will need to bring:
- a valid photo I.D.;
- the full name and complete address of the person you wish to file against (the defendant);
- the defendant’s date of birth and Social Security number, if you know them; and
- the names of any witnesses, and, if possible, their phone numbers and addresses.1
Note: In some counties, you might also need to file a police report first. If so, you will likely need to bring that report with you too. Before you go to the courthouse, you might want to call ahead to ask the clerk whether a police report is necessary in your county.
You will fill out a sworn statement (affidavit) to describe what happened to you. Your affidavit will be reviewed by the county attorney’s office. Their office will decide what charges, if any, will be brought against the defendant. If the prosecutor thinks there is enough evidence to prosecute, your complaint will then be sent to the district court judge’s office for review. If the judge decides to move forward with criminal charges, s/he can issue one of the following documents:
- Criminal summons, which is an order that advises the defendant to appear in district court for the arraignment. This is a notice and not an arrest.
- Arrest warrant, which authorizes law enforcement to arrest the defendant and escort him/her to the arraignment in district court.2
Note: Filing a complaint is just the beginning of the criminal process. There is no guarantee that the defendant will be arrested or that s/he will stay in jail until the trial. There is also a chance that the defendant will be found not guilty at the trial. Please plan for your safety by going to our Safety Planning pages or reaching out to a local domestic violence advocate for help.
1 See, for example, Fayette County Survivor’s Handbook (Note: The procedure and information may be different in other counties.)
2 See, for example, the website for the Office of the Fayette County Attorney (Note: The procedure and information may be different in other counties.)
If I am the victim of a crime, where can I get additional help in Kentucky?
The Kentucky Department of Corrections has a Victim Services Branch, which provides information on victims’ rights and services.
For information on victims’ compensation in Kentucky, visit the State of Kentucky’s Crime Victims’ Compensation Fund.