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Four months before she was shot Alicia Mathis turned to the court system for help records show she filed for an emergency protection order, but that request was dismissed by a judge our investigative reporter Jason law looks into why Jason in this domestic violence petition filed April 16th Mathis said her husband was harassing her and that she feared for her safety less than a week later after this was filed Judge Lisa bushel men dismissed the petition and now with Mathis recovering from gunshot wounds the question is why was the petition dismissed that's exactly what I went to find out today Alicia Mathis was scared of her husband in April Mathis filed a domestic violence petition she wrote her husband Dennis was verbally abusive claiming I would never see my dogs again possibly even following me, I'm in fear for the safety of myself and two dogs he is on medication for mental illness to which I firmly believe he hasn't taken six days later Judge Lisa bushel men dismissed the petition because there was quote no allegation of domestic violence we tried to speak with Judge Bush woman to find out why okay, so she's not talking anybody her receptionist told us she was not available today under the law from what I've read here my understanding our law and what we've discussed the judge had to dismiss it she didn't have a choice rick Scott has practiced family law for nearly 15 years we showed him the petition and the court documents just by looking at what we call the face of the document there isn't it there is not an act or a no allegation of an act of domestic violence within here Kentucky law defines domestic violence as physical injury sexual abuse or assault or the infliction of fear of imminent physical injury sexual abuse or assault what the law says is again although everything in here while may be concerning certainly like I said before annoying even harassing this what she wrote in here does not meet the qualifications that the law is required Scott isn't sure a domestic violence order would have made a difference even if there was something in here and the judge didn't dismiss the case and granted a devil at the end of the day it's a piece of paper and Scott says that he understands the frustration people are feeling with the court system in the wake of yesterday's shooting but that a lot of people just don't understand the process or how the law works in these cases if you'd like to read more about what Kentucky and Ohio State law says about domestic violence orders we've made it easy just log on at wcco.com
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