Kansas City Domestic Violence Defense Attorney

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Domestic assault is a serious matter with extreme impacts, and it requires prompt and robust legal attention. Domestic violence allegations can have far-reaching consequences, disrupting family relationships, tarnishing reputations, and jeopardizing careers. A Kansas City domestic violence defense attorney from Joseph, Hollander & Craft provides skilled legal counsel for those who have been accused, protecting your rights, future, and livelihood.

How Missouri Defines Domestic Assault

Missouri defines domestic assault as an assault against a “domestic victim,” which is “a household or family member.” Any of the following people may be considered a household or family member: spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time.

Under Missouri law, there are four degrees of domestic assault:

• first-degree domestic assault: attempting to kill or knowingly causing or attempting to cause serious physical injury to a domestic victim
• second-degree domestic assault: knowingly causing physical injury to a domestic victim by any means; recklessly causing serious physical injury to a domestic victim; or recklessly causing physical injury to a domestic victim with a deadly weapon
• third-degree domestic assault: causing or attempting to cause physical injury to a domestic victim or knowingly causing a domestic victim physical pain or illness
• fourth-degree domestic assault:
  1. attempting to cause or recklessly causing physical injury, physical pain, or illness to a domestic victim;
  2. causing physical injury to a domestic victim by means of a deadly weapon or dangerous instrument with criminal negligence;
  3. purposely placing a domestic victim in apprehension of immediate physical injury;
  4. recklessly engaging in conduct that creates a substantial risk of death or serious physical injury to a domestic victim;
  5. knowingly causing physical contact with a domestic victim knowing he or she will regard the contact as offensive; and
  6. knowingly attempting to cause or causing the isolation of a domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices, or transportation for the purpose of isolation.

As a crime category, domestic assault is separated from general assault, focusing on the relationship between the parties involved. This impacts how charges are prosecuted and how they are understood by the public, including employers.

Domestic Assault Charges in Kansas City, Missouri

Missouri domestic assault charges are classified based on the severity of the alleged actions. The degrees range from misdemeanor charges, which may involve minor injuries or threats, to felony charges, which can include serious bodily harm or the use of a weapon. The specific circumstances of your case—such as prior offenses or the involvement of children—can significantly impact the outcome.

First Degree Domestic Assault

First-degree domestic assault is a Class B felony. However, if serious physical injury results, it is a Class A felony.

Second Degree Domestic Assault

Second-degree domestic assault is a Class D felony in Missouri.

Third Degree Domestic Assault

Third-degree domestic assault is a Class E felony.

Fourth Degree Domestic Assault

Fourth-degree domestic assault is a class A misdemeanor, unless the person has certain prior convictions, in which case it is a class E felony.

Domestic Assault vs. General Assault

General assault is an assault on an individual and can be acted on by anyone known or unknown by the alleged victim. Domestic assault is an assault on an individual who is a family or a household member of the accused.

Will I Be Arrested If I Am Accused of Domestic Violence?

Missouri law enforcement officers have discretion when determining whether to arrest someone accused of domestic assault. The officer will consider any physical evidence and witness statements supporting the allegation when determining whether there is probable cause to support an arrest.

This differs somewhat with the rules applicable to Kansas law enforcement officers responding to domestic violence calls, which advocate a proactive, pro-arrest approach in responding to domestic violence calls.

In both states, accusations alone–without physical evidence–can lead to arrests and charges. Engaging a Kansas City defense lawyer immediately is essential to minimize the potential legal and personal fallout from domestic assault charges.

What Is an Order of Protection?

An order of protection issued by a Missouri court pursuant to the Domestic Violence Act specifically prohibits one person from abusing, stalking, sexually assaulting, or harassing another person. A Kansas court may issue an order of protection from stalking (PFS) or an order of protection from abuse (PFA).

There are two stages of protective orders:

1. Ex-Parte Order: This is a temporary order granted without the court considering the perspective of the accused person (the petitioner). The ex parte process is permitted to provide immediate protection for the petitioner. However, the accused person (the respondent) can challenge the orders in a subsequent hearing.
2. Full Order of Protection: This long-term order of protection requires a court hearing where both sides can present evidence and argue their case. Witnesses are also allowed to be called. Protection order proceedings should be taken very seriously, as the outcome can profoundly impact both personal and professional lives.

If an order of protection is granted, it brings strict restrictions, and violations can lead to additional charges, hefty fines, or imprisonment. Collaborating with a skilled attorney before a hearing on a requested protection order is important to ensure that an order is not improperly entered against you.

Communicating clearly and consistently with your legal team is key to effectively managing the case. The legal process can be overwhelming, but you have rights and options for protecting your interests while pursuing a favorable outcome. A Kansas City domestic violence defense attorney from our firm can explain those options to you.

Penalties for Violating a Protective Order in Kansas City

Violations of protective orders are taken very seriously in Kansas City. Penalties may include jail time, fines, or additional charges that complicate your legal situation. Violating an order could also negatively impact family court proceedings, including child custody or parenting time arrangements.

Who Can Claim Domestic Abuse in Kansas City?

Under Missouri law, domestic abuse claims can be made by anyone who meets the definition of a family or household member. This may include current or former spouses, parents, children, individuals in a romantic relationship, and people who reside together. The broad definition of family or household member means a domestic assault charge can arise under a variety of circumstances.

How Our Kansas City Defense Lawyers Can Help

At Joseph, Hollander & Associates, our attorneys are ready to challenge domestic assault accusations head-on. We analyze evidence, undertake independent investigations, and explore all viable defenses–including potential violations of your constitutional rights. We aim to reduce the charges, earn a dismissal, or effectively challenge the charges at trial, thus protecting your reputation and future.

What Is Kansas City’s Domestic Violence Court?

Kansas City’s Domestic Violence Court is a specialized court division within the Municipal Court of Kansas City, MO. All criminal municipal ordinance violations that fall under the domestic violence category are handled in Domestic Violence Court. This includes violations of the prohibition on domestic assault under the Municipal Code, as well as violations of protective orders.

Certain special rules and conditions apply to cases filed in Kansas City Municipal Domestic Violence Court. For example, anyone facing a first-time charge of domestic violence against an intimate partner will be required to take a domestic violence awareness course as a condition of bond.

A Kansas City domestic violence defense attorney from Joseph, Hollander & Craft can help you navigate this specialty court’s processes.

Frequently Asked Questions

Can a domestic violence charge affect my parenting time?

Yes. Domestic violence allegations can influence child custody and parenting time arrangements. Courts prioritize the child’s welfare; even unproven accusations may create hurdles.

At Joseph, Hollander & Craft, we offer a legal team that provides broad coverage of your legal needs. While our experienced criminal defense attorneys assist with criminal charges, our top-tier family law attorneys can help you navigate child custody and parenting time issues.

What if my accuser does not want to press charges?

Domestic assault cases are prosecuted by the state or the city, not the accuser, which means a case can move forward even if your accuser says he or she does not want to press charges. How effective the prosecution will be depends on the nature of the evidence.

Are the rules different for minors accused of domestic assault?

Yes. In Kansas and Missouri, the juvenile court system handles cases involving minors, except in severe cases, which may be transferred to adult court. Different rules apply in juvenile proceedings, so it is important to hire an attorney who is familiar with the process.

What rights will I lose if I am convicted of domestic assault in Kansas City?

A domestic assault conviction may result in losing your right to possess firearms and your right to vote. It can affect your parental rights too. Many individuals convicted of domestic assault also experience difficulty securing housing or employment.

Will a domestic violence charge cost me my professional license?

Possibly. If you are a doctor or a lawyer or hold some other professional license, a charge or conviction of domestic assault may adversely affect your license to practice. Joseph, Hollander & Craft’s criminal defense attorneys work together with our professional licensure defense attorneys to provide a comprehensive legal strategy that protects to your career.

Do You Have a Kansas City Domestic Violence Defense Attorney Near Me?

Our Kansas City office is conveniently located right off the corner of 10th Street & Cherry Street, just blocks from the municipal courthouse and the Jackson County Courthouse. We maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.

Contact Our Kansas City Domestic Violence Defense Attorneys Today

Domestic assault allegations require a proactive and meticulous defense strategy. At Joseph, Hollander & Craft, we understand that domestic violence cases present challenges. We are ready for anything and dedicated to securing the best possible outcome for our clients. Call us or contact us online today to schedule a confidential consultation.