Domestic Violence

Intro: Suppose you’re charged with domestic violence in Kansas. If so, you face an array of unpleasant consequences: jail time, a no-contact order, a protective order and restrictions on, or denial of, visitation and custody. These questions and answers will help you understand what you’re up against:

What Constitutes Domestic Violence Under Kansas Law in Johnson County?

In Johnson County, Kansas, domestic violence is defined broadly to include several types of harm to the victim: physical harm, attempted harm, threats of harm or actions that cause victims to fear imminent harm from someone with whom they share a close personal relationship.

A “close personal relationship,” within the context of domestic violence, includes current or former spouses, dating partners, individuals who share a child, parents, children or stepchildren or family and household members residing together.

Domestic violence charges may also include offenses like assault, battery, stalking, criminal restraint, or making criminal threats. Kansas law takes these offenses seriously, and law enforcement officers are typically required to arrest if there is probable cause to believe domestic violence has occurred.

What Are the Immediate Legal Consequences After a Domestic Violence Arrest in Johnson County?

If you’re arrested for domestic violence in Johnson County, you’ll deal with several immediate and serious legal consequences before any formal conviction occurs. The first repercussion is a mandatory holding period in jail until you see a judge or magistrate.

Next, the judge may issue a no-contact order prohibiting you from communicating with the alleged victim. The effect of these pretrial restrictions can immediately affect many aspects of your life, such as whether you can return home and your ability to see your children.

The court may also set bond conditions, such as electronic monitoring, alcohol or drug testing, or counseling requirements.

Finally, the judge may schedule a protective order hearing to determine whether these temporary restrictions should become long-term.

All of these preliminary steps are taken to protect alleged domestic violence victims in Kansas while the case proceeds through the legal system. If you violate a no-contact order, bond conditions or the protective order, you could face additional criminal charges and harsher penalties.

How Can Protective Orders Impact Child Custody in Johnson County Domestic Violence Cases?

Kansas Courts are mandated to prioritize the best interests of the child. For that reason, any exposure of a child to domestic violence is a critical factor in custody determinations.

The issuance of protective orders in domestic violence cases can have a direct and lasting effect on child custody arrangements. Once the order is issued, it can severely limit the accused parent’s parental rights. The parent subject to the protective order may be denied visitation, restricted to supervised visitation or, in more severe cases, denied custody altogether.

Judges will take several factors into account when evaluating the nature of the violence, such as the risk to the child and whether the accused has taken steps to correct their behavior, such as counseling or rehabilitation.

While custody restrictions can be modified in the future as circumstances change, a protective order nonetheless can profoundly impact future custody decisions, especially during divorce or modification proceedings.

Call To Action (CTA):

If you’ve been charged with domestic violence, you need to understand the consequences you face and how to defend against them. Paul D. Cramm can help you navigate no-contact orders, protection orders, visitation and custody issues arising from a domestic violence charge. 

If you want to learn more about defending against a domestic violence charge, call us at (913) 322-3265 or schedule an initial consultation via our client contact page.