A Domestic Violence Charge Can Have Costly Consequences
Dec. 7, 2022
Facing domestic violence charges in Kansas or Missouri is a serious matter. You might be feeling frustrated—or even completely overwhelmed—in the face of such charges. Getting proper legal counsel to protect your right to a fair defense is crucial in these kinds of situations.
At Chahine Legal LLC, I’m here to help. Whether you live in Olathe, Overland Park, Lenexa, or anywhere in Kansas or Missouri, I will strive to put you in a position to move forward from these accusations. Ultimately, my goal is to help my clients make informed decisions regarding their options. Set up a consultation with me to discuss your charges.
Domestic Violence Charges in Kansas
Let’s begin by defining domestic violence charges. An incident is considered domestic violence when there is physical contact or fear of physical harm committed against a household member. Domestic violence charges also extend to individuals with whom an individual had a dating relationship.
Here is a look at the individuals who generally fall under domestic violence:
Parent of the same child
Parents or stepparents of children
Children and stepchildren
Please note that domestic violence does not necessarily require physical assault. The mere threat of physical assault may be considered domestic abuse. Here is a look at the types of situations categorized as domestic abuse:
Restraining order violations
Threat to inflict harm
Domestic violence charges carry serious penalties in Kansas. Therefore, these charges require the legal counsel of a trusted and experienced criminal defense attorney in order to ensure the best possible defense.
Consequences of a Domestic Violence Charge in Kansas
The consequences of a domestic violence charge in Kansas can be severe:
Incarceration. Misdemeanors usually carry less than a year in prison. Felony charges may carry prison terms greater than a year. The prison term ultimately depends on the nature and severity of the harm inflicted on the alleged victim.
Fines. Misdemeanor charges may result in a fine but no prison term. Felony charges typically carry a fine in addition to a prison term. Fines range from $200 to $500 for a misdemeanor. Felonies can result in fines of up to $100,000.
Probation. Individuals convicted of a misdemeanor may receive a probation term. Probation means that a repeat offense results in an automatic felony charge. Violation of probation may result in incarceration and a fine.
Treatment. One of the most common penalties for a domestic violence charge is psychological treatment. Convicted individuals may be sentenced to anger management or psychological therapy.
Restraining order. Victims can request a restraining order against charged individuals. Violating a restraining order is generally a misdemeanor. It carries a prison term of up to a year and a $2,500 fine.
Termination of employment. A domestic violence conviction may be grounds for termination of employment. Employers with zero-tolerance policies for domestic violence may dismiss employees without severance or compensation.
Deportation. Foreign nationals may be deported to their home countries following a domestic violence conviction. Deportation takes place after the individual has served their sentence.
Keep in mind that courts have a low tolerance for domestic violence charges. A solid defense is necessary to avoid severe penalties.
Potential Defenses for Domestic Violence Charges
Individuals charged with domestic violence may be able to use the following legal defenses:
Innocence. The plaintiff must prove beyond a doubt that the charged party is fully responsible for the alleged harm committed. This defense includes establishing the whereabouts and alibis for the date and time of the alleged incidents.
False accusation. This defense is based on the plaintiff lying to the court. A solid defense seeks to determine inconsistencies in the plaintiff’s argument, such as events that do not match injuries.
Accidental harm. Charged individuals may prove the injuries sustained were the result of an unintentional act, not a deliberate one.
Self-defense. This defense bases its argument on causing injury as a result of self-defense. For instance, the plaintiff attacks the charged individual. The charged party defended themselves, causing the other party to sustain an injury.
Lack of evidence. In this defense, the plaintiff is unable to prove their claims.
Provocation. The charged party admits to causing harm. However, the actions resulted from provocation, such as defending children from abuse.
Faulty police investigation. This defense looks for mistakes during a police investigation. As a result, the defense seeks to dismiss charges based on a lack of due process.
When facing domestic violence charges, it is critical to avoid the following:
Provide statements without legal representation
Engage in violent or aggressive behavior
Interact with the plaintiff, especially if there is a restraining order
Confront the law enforcement officer
“Settle” with the alleged victim
Admit to anything without speaking to a criminal defense attorney
Please remember that an experienced criminal defense attorney can work with prosecutors to clear up alleged incidents. Being proactive can help reduce charges or even dismiss false accusations.
Finding the Right Criminal Defense Attorney in Kansas
At Chahine Legal LLC, I pledge to provide my clients with the best possible service. My goal is to deliver skilled legal counsel so my clients can exercise their right to a fair defense. Domestic violence charges require the right legal counsel; I’m here to stand by your side when you need someone the most.