July 18, 2025 | Domestic Violence
In Kentucky, domestic violence is defined as a range of harmful or threatening acts toward someone in your household or close family. The law covers physical injury, serious physical injury, stalking, sexual abuse, strangulation, assault, or even acts that cause a reasonable fear of any of those harms.
Domestic violence cases are taken seriously regardless of whether actual harm occurred or just the threat of harm was made by the defendant.
Family or household members include a wide group, not just current spouses or romantic partners. Kentucky law applies these protections to former spouses, parents and grandparents, children and stepchildren, anyone living with a child victim, and unmarried couples who either have a child together or have lived together.
Domestic violence in Kentucky can be charged either as a misdemeanor or as a felony, depending on the actions involved, the severity of harm, and a person’s criminal history.
Misdemeanor Domestic Violence in Kentucky
In Kentucky, many domestic violence cases are charged as misdemeanors when there is harm or contact, but more serious injuries or aggravated circumstances are not present.
Fourth Degree Assault
A common example is fourth-degree assault, which means causing a minor physical injury or making harmful contact with a family or household member without a weapon or serious harm. This Class A misdemeanor can bring up to 12 months in jail and a $500 fine.
Violating a Domestic Violence or Interpersonal Protective Order
If you’re served with a protective order and violate it – for example, by contacting, approaching, or harming the protected person before the order has expired – you can be charged with a Class A misdemeanor. Conviction carries penalties of up to 12 months behind bars and up to $500 in fines.
Second-Degree Stalking
Second-degree stalking is another misdemeanor commonly connected to domestic violence. Courts define this as stalking another person and taking actions or making threats that reasonably cause someone to fear physical injury, sexual assault, or death. Second-degree stalking is a Class A misdemeanor and carries one year in jail and a maximum $500 fine.
Felony Domestic Violence in Kentucky
Certain domestic violence offenses are charged as felonies in Kentucky, especially when the harm is severe or when there are prior offenses involved.
Repeat Domestic Assault (Class D Felony)
If you are convicted of a third or subsequent assault against a family or household member within five years, what would normally be a misdemeanor becomes a Class D felony. This means instead of a short jail sentence, you face 1 to 5 years in prison and a fine between $1,000 and $10,000.
First- and Second-Degree Assault
When domestic violence involves causing serious injury, the crime can be charged as first- or second-degree assault. The penalties here are much more severe, with sentences ranging from 5 to 20 years in prison.
First-Degree Stalking (Class D Felony)
Stalking that involves the use of a weapon, violates a protection order, or shows a pattern of past offenses can be prosecuted as a first-degree Class D felony. A conviction carries 1 to 5 years in prison and fines up to $10,000.
Strangulation
Kentucky law treats strangulation with particular seriousness.
- Second-degree strangulation: Class D felony and covers wanton conduct that limits someone’s breathing or blood flow long enough to risk injury. It’s punishable by 1 to 5 years in prison and significant fines.
- First-degree strangulation: Charged as a Class C felony. It occurs where there’s proof the defendant intentionally strangled the victim, and carries 5 to 10 years in prison if convicted.
Felony domestic violence charges have life-altering effects, so recognizing the stakes and obtaining strong legal representation is the most important step you can take after an arrest.
Contact the Louisville Domestic Violence Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
Domestic violence in Kentucky can result in either misdemeanor or felony charges depending on the severity of the offense, the circumstances involved, and a person’s prior history. While some cases involve minor injuries or violations of protective orders, others—like repeat offenses, serious bodily harm, or strangulation—can lead to years in prison and thousands in fines.
If you have any questions or you’re ready to get started discussing your case, contact Suhre & Associates DUI and Criminal Defense Lawyers today to schedule a free consultation with a criminal defense lawyer.
For more information, contact the domestic violence attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A,
Louisville, KY 40202
(502) 371-7000
