Smith v. McCoy
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The Supreme Court reversed the judgment of the court of appeals remanding this case to the trial court and reinstated the circuit court's domestic violence protective order in this case, holding that the trial court's factual findings were readily apparent upon review of the record and, therefore, remand was not required.
The circuit court issued a domestic protective order against Jason McCoy restraining him from having contact with E.S., the daughter of McCoy's girlfriend. The trial court made oral findings of fact and conclusions of law and filled out Administrative Office of the Courts (AOC) Form 275.3, order of protection. The court of appeals vacated the trial court's order and remanded the case, concluding that the trial court failed to make written factual findings as required by Ky. R. Civ. P. 52.01. The Supreme Court reversed, holding that family courts are not required to transcribe their clear oral findings in protective order cases when they also completely and accurately fill out AOC Form 275.3 and issue a written order explicitly incorporating their clear oral factual findings.
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