Ashley Nicole Hild v. Richard William Hild

La Grange, Kentucky family law lawyer represented the Defendant charged with in a protective order dispute.

On February 16, 2024, the circuit court conducted a hearing; both parties appeared. Appellant proceeded with counsel and Appellee proceeded pro se. The circuit court began by reading the allegations of the petition aloud. Richard verified the contents of the petition and further testified that the parties got into an argument about a paramour of Ashley's after she became drunk and that she had strangled him, leaving marks on his neck. (V.R. Feb. 16, 2024, Hearing -12:08:40.) He admitted to not seeking medical treatment after the incident and did not have pictures of the injury. He further testified that he had not subpoenaed a police officer who was present on the scene to appear as a witness at the hearing. Id. He acknowledged that both parties had been drinking alcohol the night of the incident. Richard admitted to helping post bond for Ashley after she was arrested for the January 29, 2024 incident, though he did so with the understanding that a condition of the bond was that she would not be present at the property if Richard was there. On February 1, 2024, Ashley and Cory, a mutual friend of the parties, came to the property for Ashley to retrieve some property, but police were called when she did not leave. Richard filed the DVO petition afterward.



Ashley testified that Richard filed the DVO petition because of the frustrations surrounding the parties' financial relationship and his desire to have her removed from the New Cut property, not because he was actually afraid of her. She claimed the argument on January 29, 2024, concerned Ashley's expressed intention to end the $1,000 payments to Richard in February 2024. Ashley denied strangling Richard but admitted to pushing him away at some point during the argument after he had charged at her. She also admitted to stating that she would have Richard "merked," but claimed she was not sure of its meaning when she said it. (V.R. Feb. 16, 2024, Hearing - 12:59:30.) The parties agreed during the hearing that they both now understood the term to mean to have someone murdered. Ashley also called the parties' friend, Cory, as a witness. Cory testified that Ashley had called him on the night of the January 29, 2024, incident to come and pick up Richard. He further testified that he noticed a scratch on Richard's neck when he arrived, but that was the only injury he saw. His understanding was that the argument between the parties concerned Ashley's not letting Richard get into the refrigerator for something. He also heard Ashley exclaim that she would get Richard "merked." (V.R. Feb. 16, 2024, Hearing - 1:20:05.)



At the conclusion of the hearing the circuit court found by a preponderance of the evidence that an act of domestic violence and abuse occurred and may again occur. In orally stating its findings the circuit court said that, while there was no proof of a physical injury occurring, the evidence supports the allegation that Ashley assaulted Richard and, in the presence of police officers, threatened to have him killed. The circuit court concluded that there were credibility issues surrounding both parties, but after weighing the evidence, it was appropriate to enter a DVO to last for one year, subject to modification pending the outcome of a forcible detainer action which Ashley had filed against Richard. (V.R. Feb. 16, 2024, Hearing - 1:44:00.) The circuit court entered a standard Administrative Office of the Courts ("AOC") Form 275.3 order of protection for entry of a DVO.