Kansas law defines battery as any physical contact in a rude, angry, or insulting manner, whether or not injury results.
If that conduct occurs between any two individuals who share a household, even roommates, the prosecutor can file charges of domestic violence. Contact the criminal defense firm of Paul Cramm, Chtd. of Overland Park, Kansas to protect your rights and your reputation if you have been arrested for domestic violence.
Kansas Domestic Violence Laws
Many municipalities require police officers to respond to the scene and to make an arrest any time there is a report of domestic violence. By statute, there is a mandatory 72-hour “no contact” order between the parties beginning as soon as the arrested party posts bond and is released from custody. Only a judge has the authority to waive or modify this requirement.
Olathe • Lenexa • Shawnee • Overland Park
Domestic violence laws apply to any two parties living together, including unmarried couples and roommates. A first offense that does not result in physical injury is likely to be charged as a misdemeanor. Even though municipal courts do have jurisdiction over misdemeanor matters, charges of Domestic Violence are almost exclusively filed in the District Court of Johnson County, Kansas. Conviction can result in jail time, court-ordered batterers’ intervention classes, and limitations on the right to own or possess a firearm. Subsequent offenses, and offenses involving serious violence and injury, are likely to be charged as felonies, and carry far greater consequences.
Experienced Domestic Violence Defense
Domestic violence is often associated with the dissolution of a relationship. In cases of divorce or child custody disputes, one spouse may provoke an altercation, or fabricate or exaggerate domestic assault accusations to gain leverage in the civil arena. Too often, prosecutors will file charges in situations where the “defendant” was merely trying to peacefully extract himself from and leave an escalating argument. In an emotional and agitated state, a family member will hastily call 911, resulting in an unnecessary arrest and a potentially devastating criminal prosecution.
If you have been falsely accused, I will aggressively defend you against the criminal charges and we will do everything possible to limit the effect that the case may have on any pending family law proceedings. Contact me today to schedule a free consultaton to discuss the facts of your case and any available defenses to the charges you face. I represent clients facing Domestic Violence charges in the Greater Kansas City Metro Area and the municipalities of Johnson County, Kansas: De Soto, Gardner, Leawood, Lenexa, Merriam, Mission, Olathe, Overland Park, and Shawnee. Call today for a free consultation: (913) 322-3265.