Wichita Domestic Violence Lawyers
What is Domestic Violence?
Domestic violence crimes occur when a family or household member makes unwanted physical contact with another family or household member. The contact may only be minor resulting in no injuries, but it may still constitute a crime if the alleged victim makes a complaint to law enforcement.
Failure to understand this can land you in trouble with the law and lead to life-changing consequences. We understand it can be tempting to want to tell your side of the story to the police, but you should NEVER submit to questioning by law enforcement without an attorney present.
Arrested for a domestic violence offense? Bring your case to an award-winning Wichita domestic violence defense lawyer by contacting us at (316) 665-7227 or reaching out to us online.
At Hulnick, Stang, Gering & Leavitt, our Wichita domestic violence defense attorneys have a wealth of knowledge relating to defending these cases along with a strong track record of proven results. Our capable legal team is here to help you throughout every step of the criminal justice system.
As your advocates, we will work tirelessly to thoroughly investigate the arrest as well as look for flaws in the evidence and present your side of the story to build a viable defense.
What's the Difference Between Domestic Violence and Domestic Battery?
Domestic violence is a broad term that includes both domestic battery and assault. Domestic abuse includes physical, emotional and mental abuse. When an argument or relationship, in general, becomes hostile, battery and assault may occur. Domestic battery refers to actual physical abuse. The effects of physical abuse are often visible in the form of cuts and bruises. Any act that could be expected to cause injury is also considered battery. This can include punching, slapping, pushing, choking and any other physical abuse.
Who is Considered a Family & Household Member?
Under Kansas law, family and household members are protected against domestic violence.
This includes:
- Spouses and ex-spouses
- Parents and stepparents
- Children and stepchildren
- Unmarried person who have a child in common
- Couples cohabitating or who formerly cohabitated
- Dating partners and former dating partners
While domestic violence involves a physical act or threat against a family member, it can also include an act of violence against that person’s property, such as vandalizing an ex-spouse’s car or home.
What Are the Penalties for Domestic Violence?
How you are charged will depend on the nature of the offense, whether serious bodily injury occurred, and whether you have prior convictions. A first offense is generally charged as a Class B misdemeanor carrying penalties of up to six months in jail and a fine of up to $1,000.
Is Domestic Violence a Felony in Kansas?
Depending on the alleged conduct and a person’s history, a third or subsequent domestic violence offense will be filed as felony charges, which will subject you to the Kansas Sentencing Guidelines.
In addition to the criminal penalties, convictions for domestic violence may subject you to the Kansas Offender Registration Act, and can affect you civil rights including whether you may possess a firearm.
How Can a Domestic Violence Case be Dropped?
A domestic violence case can not be dropped by the victim, only the prosecutor has the power to do so. Since you didn't issue the charge, you can't drop the charge. Therefore, it's the State (and in particular, the prosecutor's office) which will decide whether to move forward with the case or drop the domestic violence charges. If the victim recants their statement, they could face criminal charges for falsifying information to law enforcement authorities and the court. In a criminal case, the abuser has to be proven guilty "beyond a reasonable doubt." The "reasonable doubt" standard is usually considered about 99 percent.
Do Not Delay – Call Our Seasoned Domestic Violence Lawyers
When facing any type of domestic violence accusation, the sooner you contact Hulnick, Stang, Gering & Leavitt, P.A., the sooner we can begin protecting your legal rights and advocating on your behalf. We are committed to helping you seek the best possible legal outcome through skilled and relentless domestic abuse defense representation.
Reach out to our Wichita domestic violence attorneys online or at (316) 665-7227 for a free consultation.
