Overland Park Domestic Violence Attorney

Defense Against Domestic Violence Charges in Kansas

Domestic violence is a forceful, violent or threatening act inflicted by one member of a family or household against another member of the same family or household. Because domestic violence cases involve an assault or abusive act against a spouse, romantic partner, family member or other member of the household, emotions tend to run extremely high. 

Unfortunately, in many instances, people who have become victims of domestic violence, often do not wish to report the violence or file charges against their abuser. However, the state of Kansas, unlike some other states, is a "must arrest" state when it comes to domestic violence. 

The abused is not the deciding factor for arresting and filing charges against the abuser. In Kansas the police are required to arrest any domestic violence suspect providing there is sufficient evidence that a crime has been committed. Once an arrest for domestic violence has been made, Kansas courts operate on a tiered fine and prison sentence scale. This system takes into account not only the number of prior offenses but the severity of the offenses as well.

If you’re facing domestic violence or receiving false accusations, take action now. Call (888) 387-2036 or reach out online to schedule a free consultation with an Overland Park domestic violence attorney who will fight for your rights.

Restraining Orders for Domestic Violence in Kansas

In Kansas, restraining orders are legal tools designed to protect individuals from domestic violence and related threats. 

In Kansas, there are primarily two types of restraining orders related to domestic violence:

• Protection Orders: These are designed to prevent further harm from an abuser. They can restrict the abuser from contacting or approaching the victim, as well as provide temporary custody arrangements for children and the possession of shared property.
• Temporary Restraining Orders (TROs): These are usually issued quickly and provide immediate protection until a full hearing can be conducted. TROs are often issued ex parte, meaning the abuser may not be present when the order is granted.

Eligibility for Restraining Orders in Kansas

To qualify for a restraining order in Kansas, the victim must demonstrate a history of domestic violence or threats of violence. This can include physical harm, emotional abuse, stalking, or intimidation. The victim must typically have a close relationship with the abuser, such as being a spouse, former spouse, cohabitant, or family member.

The process of obtaining a restraining order in Kansas is the following:

• Filing the Petition: The victim must complete and file a petition for a protection order with the local court. This petition outlines the details of the abuse and the specific protections sought.
• Temporary Order: Upon reviewing the petition, the court may issue a temporary restraining order to provide immediate protection until a hearing can be scheduled.
• Hearing: A hearing will be scheduled, typically within a few weeks, where both parties can present their case. The victim will need to provide evidence of the abuse, which may include police reports, witness testimonies, and any relevant documentation.
• Issuance of Final Order: If the court finds sufficient evidence of domestic violence, a final protection order may be issued, typically lasting for a specified period, which can be extended if necessary.

Need help obtaining a restraining order? Contact our Overland Park Domestic Violence Attorney today at (888) 387-2036 or fill out our online form to schedule your free legal consultation.

Potential Consequences of Domestic Violence Charges

False accusations of domestic violence can have devastating consequences for the accused, impacting their personal relationships, reputation, and legal standing. Such allegations may arise from misunderstandings, vindictiveness, or manipulative tactics during contentious situations, such as divorce or custody disputes. 

The stigma associated with domestic violence can lead to significant emotional distress, social isolation, and even job loss for the accused, regardless of the validity of the claims. It is crucial to approach these situations with care and seek legal representation from our Overland Park domestic violence attorneys to effectively navigate the complexities of the legal system, challenge the accusations, and protect one’s rights and reputation.

Some of the domestic violence penalties which can be levied in Kansas are:

• A first offense domestic violence charge is considered to be a misdemeanor and generally comes with a $200-$500 fine and up to six months in jail,
• A second offense is also a misdemeanor, yet comes with a $500-$1000 fine and up to a year in jail,
• A third offense is a mandatory felony charge and carries a $1000-$2500 fine and a prison sentence of more than one year,
• The severity of the crime, whether or not serious injury was caused and other factors could weigh heavily on the penalties imposed.

If you or a loved one are facing domestic violence charges, your best defense is to consult with an Overland Park criminal defense lawyer at our firm. We understand how domestic violence charges can seriously impact your life and livelihood. In cases such as this, we take the time to thoroughly evaluate your case, review the charges against you and advise you of your legal options.

Defenses for False Accusations of Domestic Violence

Facing false accusations of domestic violence can have serious repercussions, but there are several defenses available our attorneys may employ to challenge these claims:

• Lack of Evidence: If there is no physical evidence of abuse or inconsistent statements from the accuser, it can weaken their case.
• False Allegations: Accusers may make false claims for reasons like manipulation in custody battles or personal vendettas.
• Self-Defense: If the accused can demonstrate that their actions were a necessary response to an imminent threat, this can serve as a valid defense.
• Mutual Combat: In cases where both parties engaged in violence, this defense may complicate the prosecution's narrative.
• Witness Testimony: Eyewitness accounts or character witnesses can support the accused's version of events and challenge the accuser's credibility.
• Alibi: Providing evidence or witnesses that confirm the accused was not present during the alleged incident can be an effective defense.
• Mental Health Defense: If the accuser has a documented history of mental health issues, it may cast doubt on their credibility.
• Procedural Errors: Violations of the accused's rights during investigation or arrest can lead to inadmissible evidence and weaken the prosecution's case.

Engaging an experienced attorney is crucial for developing a strong defense, gathering evidence, and advocating for the accused's rights throughout the legal process. By utilizing these defenses, individuals can work to protect their reputation and future.

Domestic Violence Lawyer Serving Overland Park

Domestic violence is an extremely serious offense. In the state of Kansas, if law enforcement officials are sent out on a domestic violence call, and there is sufficient evidence pointing to an alleged suspect, they are required under Kansas law to arrest that suspect. If you have been accused or arrested for domestic violence, it is vital you take urgent steps to protect your rights.

When your future is at stake, delays are not an option. Conviction of domestic violence can dramatically impact and alter your life. Attorney Robert C. Gigstad understands that, which is why we work with each client personally and give each criminal defense case the importance it deserves. If problems arise, rest assured that the attorneys at our firm will respond quickly and work with you closely to pursue a favorable case outcome.

If you or a loved one has been arrested for or are facing charges of domestic violence, contact an Overland Park domestic violence attorney at Gigstad Law Office, LLC today. Call now at (888) 387-2036