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Domestic Violence

Overland Park Domestic Violence Attorney

Defense Against Domestic Violence Charges

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.

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.

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.

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 assure d 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. 

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    I got an MIP and Fake ID charge in Lawrence and Robert Gigstad was extremely helpful and thorough in handling my case. He always got back to me in a timely manner and kept me informed throughout the whole process, I got diversion for both charges so they will not be on my permanent record.
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    Robert quickly found out what actions I could pursue with the moving violation I received. He took care of everything for me, and all I had to was give him the paperwork. I highly recommend Robert for consultation as my moving violation was skillfully changed to a non-moving violation and kept off my record/insurance.

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