Domestic Violence Attorney in Wichita, KS
What is Domestic Violence In Wichita?
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.
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. Although we have helped several individuals facing domestic violence charges, we will make sure to give your specific case the unique attention that it requires.
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.
- Spouses and ex-spouses
- Parents and stepparents
- Children and stepchildren
- Dating partners and former dating partners
- Couples cohabitating or who formerly cohabitated
- An unmarried person who has a child in common
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 a 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 your 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) that 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.
How Can A Domestic Violence Lawyer In Wichita Help Me?
Ways that a domestic violence attorney may help include:
- Advice: Giving you legal information that you need to make informed decisions regarding the best route to take.
- Examination: Your lawyer will conduct an examination of all of the charges and evidence against you, and will make sure that the evidence is legitimate.
- Evidence: In addition, your attorney will collect strong evidence to support your case.
- Reassurance: When you hire our legal experts, you can rest assured that you will be working with an individual who has years of experience in domestic violence law. This can help to reduce stress levels and give you the emotional reassurance that you need.
- Representation: Your lawyer will provide you with fierce legal representation on your behalf.
Did you or someone that you care for recently get charged with domestic violence? Let our domestic violence attorneys in Wichita, KS provide you with the support and representation that you need. Contact us online today to schedule a free consultation and to acquire more information.
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.