Editor's note: Testimony given in the following article has not been proven in a court of law. They are verbatim from court documents and describe a version of events from the petitioner's point of view.
He had also petitioned the court for protection of the couple's six children. Judge Karen Thomas also denied that.
Sources close to Fort Thomas Matters state that Allender applied for the order against his wife, Cheryl, 37, less than an hour earlier in Campbell County Circuit Court after reviewing legal paperwork that was sent to him regarding pending divorce proceedings.
According to police, Allender said he shot his wife Cheryl "four or five times" after she entered his room holding a gun. Her body was found in the yard.
The EPO that was denied on Tuesday by Allender stated the following:
"following a verbal argument in which I removed myself from to avoid further conflict, she followed me into my separate apartment (3 family home) unlocking the closed door. She attempted to make me to hit her and when I confronted her to leave my dwelling ran outside screaming that I was going to hurt her.
She owns 3 firearms and I believe she is not currently mentally stable. I believe that she poses a danger to me and to our 6 minor children. I ask that she be barred from our home and be kept no less than 500 ft from me and my children until her mental state can be determined by a qualified professional."
Police reported Allender told them he shot his wife after she entered his room in the house holding a gun. They found him facedown on the front lawn, his gun ten feet away.
According to witnesses in the police report, they said that Allender's wife didn't have time to get a gun before he shot her.
This is not the first time Allender has had marital issues and domestic abuse accusations.
Allender, now in his third marriage, had full orders of protection against him filed with the courts by his previous two wives.
First wife Kimberly Cummins was granted protection in March of 2000.
She told the court that she had tried to end the marriage, but Allender would not allow it. From that court document, she stated the following:
On Saturday he came over to get some of his stuff that I had ready for him. Once in we talked for a little then he started tearing through the house looking for his clothes which he had already picked up under police escort. I asked him to leave he told me he was moving back in. He forced me to kiss him... We wrestled on the front porch. I tried to get back inside without him but he wedged himself in the doorway. I noticed the door started to bend so I told him if he came in and sat on the couch I'd let him in. He said okay but then ran into the kitchen.
I stood on his foot and held one of his arms he twisted my wrist then grabbed his stuff and went to his car. I locked the doors and called my dad and then called police.
On previous occasions the neighbors have called the police because he was throwing me around the house. He's been in jail for domestic violence. We went to mediation instead of pressing charges. While being married, he's forced me to have sex with him. After I asked him to move out he had my mail forwarded to his parents house. He denies it, but the post office has the paper showing that he asked to have my mail forwarded. This went on for about a week and a half before I found out the post office said they sent my mail to his parents house. But he says he never got it.
Also 3 months before we got married I was trying to leave him. When he got to the trailer and found me packing stuff he tried to break my leg on the couch and held me in the air and squeezed me around the middle to try and make me faint. My parents and his mom sat down with us after that to try and make things work out but a month after we got married I tried to barricade myself in our room because he went off on me again. He reached around the door where I was hiding and squeezed my inner thigh as hard as he could. I was wearing jeans and he still left nail marks and a huge bruise."
Allender also filed for an EPO against Cummins, also claiming abuse by her.
In that petition, filed on the same day, he stated the following:
She invited the petitioner to our residence to pick up belongings in preparations for divorce. She became argumentative and when I refused to fight with her she jumped on my back and tried to choke me. She then took my glassed and threw them outside. As I tried to re-enter the home she closed the door as I was entering, wedging me in the door and cursing my forearm.
The second full protection order was granted to his second wife Keshaundra in 2007, when she accused him of mental and physical abuse.
In her petition, she stated the following:
"I was afraid for my life. I was afraid of what he might do. It just started escalating near the end of the marriage."
Allender remains at the Campbell County Jail under a $1 million cash bond charged with murder in the death of his wife.