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Clark v. Parrett

Court of Appeals of Kentucky

September 21, 2018

BRADLEY CLARK APPELLANT
v.
TONYA PARRETT APPELLEE

          APPEAL FROM FAYETTE FAMILY COURT HONORABLE LIBBY G. MESSER, JUDGE ACTION NO. 18-D-00033-001

          BRIEF FOR APPELLANT: Adam G. Zeroogian Nicholasville, Kentucky

          BRIEF FOR APPELLEE: No brief filed.

          BEFORE: COMBS, J. LAMBERT, AND THOMPSON, JUDGES.

          OPINION

          THOMPSON, JUDGE:

         Bradley Clark appeals from the Fayette Family Court's Domestic Violence Order (DVO) prohibiting him from having contact with Tonya Parrett. Clark argues that the family court erred in entering a DVO against him where he was not afforded a full evidentiary hearing and there was not sufficient evidence introduced to support the entry of the DVO.

         Clark and Parrett formerly dated and lived together in Clark's home. When they broke up sometime around November 2016, Parrett left the home.

         They did not have any further contact until January 6, 2018, when Clark went to see Parrett at her new home. According to Parrett's petition for an emergency protective order (EPO) and DVO, when she arrived home she noticed Clark parked in a parking lot beside her apartment. She parked her car and went into her apartment. After about twenty minutes, she called the police because Clark was hanging around. She called the police a second time after Clark began "banging on my door stating, 'let me the f*** in, I want to talk to you.[']" The police arrived and talked with both of them and Parrett was advised to file an EPO.

         In the petition, Parrett reported she was afraid of Clark for the following reasons:

I fear him after 14 months of no contact; after he throwed my daughter and I out of his home placing my personal items that he chose to give back onto his front and back porch. Bradley has multiple guns and as soon as I see him I start shaking all over becoming very anxious. . . . Before being kicked out of Bradley's home he was very angry acting making me fear him then. I have not had any communication in anyway from Bradley since December 2016.

         In indicating she wanted him to stay away from her place of employment, she stated she was "unsure to be honest what he is capable of." Parrett received an EPO that day.

         On January 17, 2018, at the DVO hearing, Clark and Parrett appeared pro se.[1] Neither party was sworn with the entire hearing lasting one minute and thirty-three seconds and consisting of the following exchange:

Judge: Ok, are you Tonya Parrett?
Parrett: Yes sir, I am.
Judge: All right, you are Bradley Clark?
Clark: Yes sir.
Judge: What do you want to do today Ms. Parrett?
Parrett: I want an order put in place to where he can't come ...

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