Overland Park Domestic Violence Defense Attorney

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Domestic violence is a serious charge. Being convicted of this offense can impact not only your freedom but potentially your custody rights as a parent and your professional career. Obtaining the services of a skilled domestic violence attorney will help to protect your rights and interests.

If you’ve been accused of domestic battery or a related offense in Kansas, it’s time to speak with an experienced criminal defense law firm who understands the laws and how to effectively work for the best outcome. Let the Overland Park domestic violence attorneys of Joseph, Hollander & Craft serve you.

What Is Domestic Battery?

Kansas law defines domestic battery as either of the following:

• Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or
• Knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.

Domestic battery is the crime that most people associate with the term “domestic violence” because it involves physical contact with or injury of a victim.

What Is Aggravated Domestic Battery?

Aggravated domestic battery is a more serious charge because it involves conduct that could threaten the life or health of the victim. The law defines it as:

• Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner; or
• knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.

Choking or smothering someone knowing it will prevent breathing or interfere with the normal flow of blood would meet the above definitions.

What Are the Penalties for Domestic Violence in Overland Park, KS?

The potential penalties for domestic battery depend on whether the defendant has recent prior domestic battery convictions:

• First offense: Domestic battery is charged for the first time as a class B person misdemeanor. If convicted, the defendant may be sentenced between 48 hours and six months in jail and be ordered to pay a fine of between $200 and $500.
• Second offense: If convicted a second time within five years, it is a class A person misdemeanor. The range of incarceration sentence increases to between 90 days and one year while fines will be between $500 and $1,000. An offender must also complete a treatment program designed to prevent future incidents of domestic violence.
• Third or additional offense: If convicted a third or subsequent time within five years, the defendant is convicted of a person felony. The penalties include prison for between 90 days and one year, fines of between $1,000 and $7,500, and required completion of the domestic violence treatment program.

Aggravated domestic battery is a level 7 person felony. Penalties for a conviction depend on where the defendant falls on the sentencing grid. 

If the crime was committed in violation of a protective order, another crime may be charged and additional penalties may apply.

What to Know About Accusations of Domestic Abuse

If law enforcement is called to a domestic abuse situation and the officer believes there is probable cause that the offense occurred, then the alleged assailant must be arrested. This is the law, even if the alleged victim does not wish to press charges. The judge will likely issue a no contact order as a condition of a bond, which prevents the defendant from communicating directly or indirectly with the alleged victim.

A no contact order may have potentially far-reaching effects. The defendant will typically be barred from returning to a home shared by the alleged victim or visiting any place where the alleged victim is located, such as their workplace. A third party may be allowed to coordinate visiting time with shared children, but this contact may be limited too.

Other conditions of bond may be imposed, potentially including:

• House arrest
• Drug and alcohol testing
• Electronic monitoring

If the defendant is actually convicted of a domestic violence crime, then they may face additional restrictions. These may include:

• Jail or prison time
• Probation conditions
• Mandatory domestic battery prevention classes
• Drug and alcohol monitoring
• Completion of a psychological evaluation
• Additional court orders in accordance with the evaluation
• Limited or no contact with the victim

No Contact Orders, No Violent Contact Orders, and Protection From Abuse (PFA) Orders

There are generally two types of orders that courts may issue concerning allegations of domestic violence:

No Contact/No Violent Contact Orders: These are issued in criminal cases of domestic battery, usually as a condition of bond or probation. As described above, a no contact order prevents the accused from contacting the alleged victim either directly or indirectly. This includes phone, texting, email, other electronic means, or communicating through a third party. In the alternative, a judge may order “no violent contact,” which allows interaction and communication that is not violent. The order typically expires upon dismissal of the charges, at sentencing, or upon completion of probation. 

Protection from Abuse (PFA) Orders: These orders, issued in civil cases, last for one year and may be extended for up to another year. They limit contact in much the same manner as a no contact order imposed as a condition of bond. The PFA is in some ways similar to a family court order because it can address such matters as child custody (including supervised visitation), child support, and possession of the marital or shared residence. The PFA may also order the defendant to attend counseling.

How Our Domestic Violence Lawyers in Overland Park Can Help

When you retain our Overland Park domestic abuse lawyer to represent you, we get to work immediately to advise you of your legal options and develop a comprehensive defense strategy. These are some possible defenses:

• Self-defense: The alleged victim may have actually been the perpetrator, with the accused properly exercising their right to self-defense within the law.
• Credibility of the victim or witnesses: The alleged victim or witnesses to the event may not be reliable, and your attorney can uncover inconsistencies or mistakes in their narrative while exposing any motive to lie.
• Challenging the evidence: The prosecution has the burden of proof and must present evidence of the domestic battery or abuse, which evidence can be challenged on various grounds such as admissibility.
• Statutory problems: It is possible for the defendant to show that the prosecution cannot meet the requirements of the domestic violence statute, for instance that the alleged offense was committed “knowingly.”

We build a case by thoroughly investigating the facts and reviewing police reports, victim statements, and witness statements. There may be evidence related to the alleged domestic battery such as surveillance camera or smartphone camera footage which could be helpful. 

In the event you are convicted of domestic violence, it may be possible to appeal the decision. An appeal is not a second chance to try the case, but it is useful if there were legal irregularities during the trial. Examples include improper admission of the prosecution’s evidence or improper exclusion of the defendant’s evidence. Our criminal appeal attorneys will explore all legal avenues for overturning your conviction and ensuring that your right to a fair trial and due process are protected.

Frequently Asked Questions About Domestic Battery Charges in Kansas

Is domestic violence a felony?

Domestic violence can be a felony depending if you have been convicted of the same crime 2 or more times within the past 5 years or if the crime rises to the level of aggravated domestic battery.

Can domestic violence charges be dropped?

Yes. The decision to drop charges rests entirely with the prosecutor. It is possible that the victim will recant or take back their domestic battery claims later. The prosecutor, however, can still pursue the charges if they believe there is sufficient evidence despite the recantation.

How long do you go to jail for domestic violence?

The time you spend in jail will depend on factors such as the severity of the charges, whether you had any prior convictions, and how you are charged (e.g. domestic battery versus aggravated domestic battery). Each case is different because the facts, alleged victims, witnesses, and judges are different in each case.

Can a domestic battery charge affect my child custody agreement?

Yes, a charge of domestic battery can affect your child custody agreement. Judges have the authority to revise custody agreements and court orders because they have a duty to protect the best interests of the child. Our child custody attorneys are ready to advocate for your parental rights and interests if you have children and are facing charges of domestic violence.

Will I lose my professional license if I’m accused of domestic abuse?

Depending on your line of work, it is possible for you to lose your professional license if you are accused or convicted of domestic abuse. If your professional license is in danger, then so too is your financial well-being. Connect with our firm’s professional licensure defense lawyers right away.

Do You Have a Domestic Battery Defense Lawyer Near Me?

Joseph, Hollander & Craft’s Overland Park office is located at 10104 W 105th St. We are on the corner of Mastin St, and provide on-site parking. We maintain additional offices in Lawrence, Topeka, and Wichita, as well as an office in Kansas City, MO.