Hawkins v. Jones
555 S.W.3d 459
Ky. Ct. App.2018Background
- Joshua Jones obtained an emergency protective order (EPO) on Oct. 18, 2017, against Kathryn Hawkins and sought a domestic violence order (DVO) at family court hearings.
- The parties share a child, A.G.; Jones also sought protection for the children.
- At the first hearing (Oct. 30, 2017) both appeared, Jones verified his petition allegations, and requested a continuance so his attorney could attend; the court granted the continuance over Hawkins' objection and without allowing her to fully respond.
- At the second hearing Hawkins was absent (incarcerated); Jones appeared without counsel, repeated his prior statements, and offered no additional evidence or explanation for his attorney’s absence.
- The trial court granted a DVO based essentially on Jones’ affidavit/testimony; Hawkins appealed asserting lack of a full hearing and insufficient evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court provided adequate hearing before issuing DVO | Jones: hearing and affidavit sufficed to support DVO | Hawkins: DVO was issued without a full evidentiary hearing and without opportunity to be heard | Vacated and remanded for full evidentiary hearing; DVO cannot rest solely on petition/affidavit |
| Whether DVO may be entered when respondent absent due to incarceration | Jones: absence did not preclude entry based on verified allegations | Hawkins: absence due to jail required postponement and notice for future date | Court held absence due to incarceration required opportunity to appear later; court erred by proceeding |
| Whether DVO may be based solely on petition contents | Jones: petition allegations, verified at hearing, were sufficient | Hawkins: statutory and due process protections require live testimony and evidence | Court reaffirmed DVO cannot be granted solely on petition contents; full hearing required |
| Clerical error on order form (failure to check DVO box) | N/A | N/A | Court noted clerical omission but found record supports DVO characterization; error not dispositive but must be avoided |
Key Cases Cited
- Gibson v. Campbell-Marletta, 503 S.W.3d 186 (Ky. App. 2016) (standard of appellate review for family/dismissal matters)
- Roberts v. Bucci, 218 S.W.3d 395 (Ky. App. 2007) (appellate discretion when appellee fails to file brief)
- Rankin v. Criswell, 277 S.W.3d 621 (Ky. App. 2008) (DVO cannot be granted solely on petition contents)
- Wright v. Wright, 181 S.W.3d 49 (Ky. App. 2005) (due process requires full hearing; cannot cut off testimony)
- Holt v. Holt, 458 S.W.3d 806 (Ky. App. 2015) (meaningful opportunity to be heard requires allowing sworn testimony and evidence)