Nathan Ford v. Elizabeth Nicole Wilsey
2023 CA 000628
Ky. Ct. App.Feb 29, 2024Background
- Elizabeth Wilsey sought a Domestic Violence Order (DVO) against Nathan Ford, alleging an onslaught of texts and messages with veiled threats, and that Ford is mentally unstable and carries a gun while using illegal drugs.
- Wilsey testified that she was afraid for herself and her two minor children as a result of Ford's actions.
- Evidence was provided of previous DVOs against Ford, with court records indicating repeated violations by him.
- Following a hearing, the Campbell Circuit Court granted a DVO restraining Ford from contacting Wilsey and the children, and requiring him to stay at least 500 feet away from their home and the children's school.
- Ford, representing himself, moved to amend the DVO, arguing insufficient evidence and no real threat of domestic violence, but the court denied his motion.
- The case is now an appeal from the denial of Ford's motion to amend the DVO.
Issues
| Issue | Ford's Argument | Wilsey's Argument | Held |
|---|---|---|---|
| Whether evidence supported the DVO | No credible evidence of violence or threats; contact was for children | Ford sent veiled threats and caused fear of imminent harm | Sufficient evidence supported the DVO |
| Whether DVO constituted abuse of discretion | Judge's ruling was arbitrary, based on social media criticism | Testimony showed credible fear and threats | No abuse; court properly credited evidence |
| Proper legal standard for DVO under KRS 403.740 | DVO standards not met; no physical violence alleged | Preponderance of evidence standard met by credible testimony | Court applied correct standard |
| Weight given to witness credibility | Judge relied excessively on Appellee’s version | Circuit court best judges credibility | Judge's credibility assessment affirmed |
Key Cases Cited
- Sherfey v. Sherfey, 74 S.W.3d 777 (Ky. App. 2002) (trial court has discretion to judge evidence weight and witness credibility in DVO hearings)
- Hohman v. Dery, 371 S.W.3d 780 (Ky. App. 2012) (DVO may issue if evidence shows domestic violence more likely than not)
- Gibson v. Campbell-Marletta, 503 S.W.3d 186 (Ky. App. 2016) (standard for appellate review of DVO: clearly erroneous or abuse of discretion)
- Commonwealth v. English, 993 S.W.2d 941 (Ky. 1999) (defines abuse of discretion standard)