Defending Against Domestic Battery and Domestic Assault Charges in Kansas City

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1. What Is Domestic Battery?

2. Wrongfully Accused?

3. Mandatory Arrests

4. Misdemeanor

5. Felony

6. Repeat Domestic Battery Charges

7. Protective Orders

8. Restraining Orders

9. Penalties for Violating a Kansas Protective Order

10. Defending Your Rights After an Arrest

11. Domestic Violence Tips

12. Social Media and Domestic Battery Charges

13. Putting Domestic Violence Behind You

14. Contact A Kansas City Domestic Violence Attorney

In Kansas, domestic violence is charged as domestic battery.

In Missouri, domestic violence is charged as domestic assault.

Domestic violence is a serious criminal offense that carries heavy penalties and can be charged as a misdemeanor or a felony depending on the circumstances of the case. In Kansas, domestic violence crimes can include assault, battery, rape, stalking, and protection order violations, while in Missouri, domestic violence is charged as domestic assault. The definition of domestic violence charges is quite broad and can include anything from causing bodily harm to physical contact done in a rude, insulting, or angry manner.

Domestic violence charges are defined by:

1. Knowingly or recklessly causing bodily harm by a family or household member against a family or household member; or
2. knowingly causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.

, it is important to have experienced criminal defense attorneys who can aggressively defend your case.

Due to the vagueness of the definition of domestic battery, it is important to have criminal defense attorneys with extensive trial experience, who can navigate the complex legal issues involved and provide experienced representation.

The attorneys at SRC Law Group, LLC, including Phil Stein, Adam Chingren, and Ashley E. Repp, have the knowledge and expertise to handle a wide range of criminal cases, including domestic battery.

False accusations of domestic violence can significantly affect every aspect of a person’s life. Even proof of innocence can fail to fix an individual’s life and reputation once he or she has been accused of such crimes.

At SRC Law Group, LLC, we have assisted clients facing false allegations of domestic violence for decades. Our Kansas City criminal defense attorneys understand what it takes to help those who were charged with domestic violence crimes despite being not guilty of them. Often, they are victims themselves.

There are some cases where the person being accused of committing domestic violence is actually the victim. If this is the case, gather as much evidence as possible without putting yourself in imminent danger. Do not be afraid to contact the authorities or your local abuse services for immediate assistance.

Schedule a case evaluation with an experienced lawyer. He or she will be able to thoroughly review your case and determine all of your available legal options in order to obtain the most favorable outcome possible.

According to Kansas law, when a household dispute leads to a call to the police, law enforcement is required to arrest any party that has been accused of instigating the incident. Additionally, whether or not the other party wants to press charges, the police can still make an arrest.

Under the Domestic Violence Model Law Enforcement Response Policy, police are expected to respond to a domestic battery call by providing protection and support to all adults and children victims of domestic battery. Officers must investigate the alleged charges and arrest the individual who most likely committed domestic battery.

For instance, let’s say a married couple is fighting with each other and the wife punches her husband. The husband screams in response, which is heard by a neighbor. When law enforcement arrives, they determine that the wife actually struck her husband and arrest her, despite the fact that the husband suffered no significant injury and did not seek to press charges against his wife. Even the most minor disputes can result in a complex legal matter because of the mandatory arrest law.

As you can imagine, this law leaves plenty of room for unfair arrests. A first-time domestic battery conviction is punishable by a maximum jail sentence of six months, a fine of up to $500, and additional penalties.

 Schedule a case evaluation with an experienced lawyer. He or she will be able to thoroughly review your case and determine all of your available legal options in order to obtain the most favorable outcome possible.

In Kansas, two instances exist when domestic battery is charged as a misdemeanor.

The first is when the alleged offender is accused of committing the crime for the first time. In this case, it is a class B person misdemeanor.

Upon a conviction, the defendant may be subject to the following penalties:

• Between 48 hours and 6 months in jail,
• Between $200 and $500 in fines, and/or
• Completion of a batterer intervention program

The second circumstance that triggers a misdemeanor domestic battery charge is when the alleged offender has been convicted of the crime once in the preceding 5 years. The offense is charged as a class A person misdemeanor.

A second domestic battery conviction can be penalized as follows:

• Between 90 days and 1 year in jail,
• Between $500 and $1,000 in fines, and/or
• Completion of a batterer intervention program

Additionally, the defendant must serve at least 5 consecutive days of incarceration before they are eligible for probation, early release, or parole. As a condition, they will be required to complete a domestic violence assessment and a batterer intervention program.

In Kansas, domestic battery is defined as causing harm to a family or household member or touching such a person in a way that's considered rude, insulting, or angry.

A family or household member includes a person 18 years of age or older who is the alleged offender's:

• Spouse
• Former spouse
• Parent
• Stepparent
• Child
• Stepchild
• Current or former roommate
• Child's other parent (regardless of marital status or living arrangement)

Causing harm to a family or household member is a serious offense, a conviction for which can result in incarceration, fines, and/or an order to complete an intervention program. The severity of punishments a court can impose is determined by the level at which the offense is charged. Domestic battery is either a misdemeanor or a felony, which depends on the alleged offender's criminal history.

With countless high-profile cases in the news spotlight over the last few years, domestic violence cases are now being handled more seriously than ever. If you've been arrested and charged with domestic violence, you can expect to run into some serious problems in the near future, as the odds are stacked against you.

Domestic violence charges, even if you're never found guilty, come with stiff penalties in Kansas. That being said, the penalties associated with repeat domestic violence offenses are often enough to completely change someone's future.

If you've been arrested and charged with domestic violence for a second time, there are crucial steps you should take to protect your future from changing completely. The consequences associated with repeat domestic violence offenses can completely reshape your life in countless ways.

As the world continues to develop new technologies, employers have more information about their potential candidates than ever before. Background checks include more information now than ever before.

Meaning that if you've been charged with a repeat domestic violence offense, your job security and opportunities for new employment could be in danger. Domestic violence charges on your background check will likely raise red-flags for your potential employer, and having a repeat offense could be the nail in the coffin for them to not hire you.

Additionally, many professional licenses require that you have no felony convictions in order to obtain them. Repeat offenses can seriously affect your ability to make a steady income, which often leads to a downward spiral in many repeat offender's lives.

In almost all domestic violence cases, the judge issues a protective order that prevents the alleged abuser from coming into contact with the victim. While there are things that can be done to prevent this from happening, if the judge believes that you are a danger to the victim or other members of your household, they will keep the orders in place.

This remains true even if the victim decides to retract their previous statements and gives the judge approval for you to come in contact with them. Due to the judge making their decision based on the safety of the victim, maintaining a healthy relationship with your family can be challenging while dealing with domestic violence charges, even if they want to see you.

On the other end of the spectrum, if your family does not want to see you, domestic violence charges can greatly impact your ability to visit your spouse and children. A protective order can cause a judge to completely remove your visitation rights if they believe you're a threat to them, even if your domestic violence charge has nothing to do with your children.

In addition to having a lasting impact on your family, being charged with a repeat domestic violence offense can change how your friends view you. When it comes to first domestic violence offenses, it can be fairly simple to convince your friends that you've changed or that you were falsely accused.

However, being charged with a repeat offense is a whole different ball game. Being charged with domestic violence for the second time is often enough to tarnish your reputation among your friends forever.

Currently, all domestic battery charges are prosecuted in District Court. As a former prosecutor who has conducted numerous domestic violence trials, Attorney Stein knows how these cases are handled by prosecutors. The state of Kansas takes family violence very seriously.

An accusation of domestic violence can make you subject to court orders such as:

• PROTECTION FROM STALKING ORDER (PFSO)
• PROTECTION FROM ABUSE ORDER (PFAO)
• NO CONTACT ORDER (NCO)

You could be barred from visiting or living with your own family members. You could also be barred from owning guns. To understand the potential consequences of a domestic violence charge, consult an experienced defense attorney as soon as possible. You should never attempt to contact the alleged victim yourself or you could face additional charges.

At SRC Law Group, LLC, we’ve seen it happen far too often. One family member or loved one falsely accuses another of domestic violence or some form of abuse in order to gain an advantage in a family law matter or other circumstance. Unfortunately, even if these accusations are entirely blown out of proportion or unfounded, they have serious consequences that often include strict restraining orders.

If you’re faced with this situation, immediately reach out for legal help. With a skilled criminal defense team on your side, you can rest easy, knowing that your rights will be upheld throughout the process. Attorney Phil Stein served as a prosecutor for a number of years, giving him unique insight into how the prosecution will likely handle your case.

A restraining order is a type of court order which requires a person to either do, or not do specific acts. Restraining orders are often issued in cases involving domestic violence, harassment, stalking, and sexual assault. Different types of protective orders can be issued based on the specific circumstances of an individual’s situation.

The main types of restraining orders are the following:

Even accidentally violating a restraining order can make matters much worse. It’s important to begin fighting a restraining order as soon as it is handed down.

A restraining order can limit rights such as the following, and more:

• Living in your home
• Contacting your family members
• Possessing a firearm
• Seeing your children

Our team can work to have these orders removed or relaxed so that you can begin the journey back to normalcy. Don’t attempt to circumvent whatever restraining orders are handed to you, get legal help before acting so that you can be sure you don’t end up getting in even more trouble.

Restraining orders, also known as protective orders, are commonly issued to help victims of domestic violence, harassment, or crime stay protected against future harm. However, being on the wrong end of a restraining order can be frustrating and damaging to your personal and professional life, especially if you are wrongly accused.

Fortunately, there are legal methods to challenge your protective order. If you feel like you’ve been unfairly served a restraining order, or the conditions are unfair, you have the right to defend yourself against the petitioner’s allegations.

The following are several steps you should take if you’re fighting a restraining order:

When an individual is suffering from abuse and wants legal protection to stop and prevent domestic violence, they can request a protective order from the court. Under Kansas law, abuse for an order of protection is given if there is evidence of bodily injury or threat of such harm from a significant other, parent of a child you share, or a relative.

An emergency protective order can be filed immediately. A final protection order can last for up to one year, but it can also be extended for another year. Should the offender violate any of the terms of the order of protection, they could face harsh penalties.

Additionally, a violation of a Kansas protective order is a crime. It is generally a Class A misdemeanor, punishable by a maximum jail sentence of one year and a fine of up to $2,500. However, violation of an extended protective order for previous offenses or convictions can lead to a Level 6 person felony, resulting in a prison sentence between 17 and 46 months.

Violating a protective order can also lead to an assault or battery conviction, which could be a misdemeanor or felony based on the circumstances surrounding the case. Violating an exclusion order from a home is criminal trespass, which is a Class B misdemeanor.

If you have been accused of violating a protective order that has been filed against you, the penalties you face are extremely serious. Not only will you spend a significant time in jail or prison and pay expensive fines, having a criminal record can ruin your personal and professional reputation.

At SRC Law Group, LLC, we are committed to helping you get the charges against you dismissed or reduced. With nearly three decades of collective experience, our Kansas City domestic violence attorneys can guide you through the complex legal process in Kansas, as well as protect your rights and future.

If there is a defense in your domestic battery case, we can find it. For example, if the domestic battery was a case of mutual combat, we could argue that you were acting in self-defense. Photographs of you taken after the incident could be used as evidence. It is not unusual for domestic battery charges to be dismissed. Keeping a domestic battery conviction off your record is important to your career and your future, as few employers want to hire someone with a conviction for spousal assault.

Your defense is too important to be left to an inexperienced lawyer. Call SRC Law Group, LLC at (913) 948-9311 for a free consultation if you are subject to a restraining order or have been charged with domestic violence in the Kansas City area.

Carefully consider the following tips to protect your rights and your case:

Call an attorney immediately. At SRC Law Group, LLC, we know the importance of entering a case quickly to gather the information and evidence while it is still fresh.

There's no denying the fact that social media has become an integral part of our culture. While it provides many helpful benefits for users, it also has some well-known downsides. Social media platforms tend to be an easy soapbox for the creation of vicious rumors that spread like wildfire.

Those who have been charged with a sex crime know all too well that social media can be a real struggle. When unevidenced-backed statements are proclaimed by others, your first reaction may be to defend yourself. However, you have to be careful to consider how specific statements will impact both your professional and personal lives. An experienced Kansas City attorney can help you determine what to do and what not to do regarding your social media accounts.

In most cases, it's best to remain silent on social media platforms and simply wait for your day in court. Calling family members and friends to explain your side of the story can have a better long-term impact on your relationships than spewing hateful battles over social media. If you have a large following on your social media platforms, your lawyer may instruct you to respond. This usually involves denying the allegations in a calm manner, reminding readers that every story has two sides and that our country's core belief is that a person is innocent until proven guilty by a court of law.

If you or someone you love has been accused of domestic violence, you should seek the assistance of SRC Law Group. They can help you to determine how to best handle your case, including on social media.

Even if you’re innocent, domestic violence charges can impact your life in ways that very few other crimes can. Simply being charged with domestic violence can drastically impact your life in many ways. Some of the most common things to change following a domestic violence arrest include:

• A tarnished family life
• A lack of trust among family and friends
• A broken reputation
• A feeling of hopelessness
• A large financial burden

However, while there are many lasting effects associated with domestic violence charges, there are steps you can take to truly put your past behind you.

You got into an argument with your significant other, and it got pretty heated. No violence was involved, but the argument didn’t end well. Your significant other knows that filing domestic violence charges against you will add many problems to your life, and could help resolve problems such as child custody or splitting assets in a divorce.

Although you’ve been falsely accused, you’re arrested and charged with domestic violence. From there, you’re treated like a criminal by authorities and many things about your life change. You aren’t able to visit your children while the investigation is underway. You’ve been temporarily let go of your position at work, and your friends and family are now pinned against you. Your life is spiraling out of control, all due to a false allegation.

Regardless of which situation you might be in, it’s important to remember that you are not the victim. To truly move forward from your past, you must accept that life isn’t always fair. However, while it isn’t fair, there are options available to you to help defend your future.

As you take a look back at your past, you realize that there are things you could have done differently. At SRC Law Group, LLC, we want to reassure you that a mistake does not have to define your character.

If you’ve been charged with domestic violence, there are things you can do to protect your future. Our team is ready to discuss how we can help over then phone when you’re ready.