Domestic Assault, or Domestic Battery is an unfortunate reality in both Kansas and Missouri. Domestic Violence
Laws are vigorously prosecuted on both sides of the State Line. These
cases at the very least can cause emotional and physical pain to the victims
and in extreme cases are potentially life-threatening. There are also
domestic violence cases that are filed as a result of a a misunderstanding
or argument between family members.
A Judge can and usually will automatically issue a 'No Contact' Order preventing the accused individual from returning to the family home, which
can be devastating to all parties.
If the other party is agreeable, we want to work with the Judge and Prosecutor's
Office to get you back home as soon as possible, while ensuring the welfare
of all those involved.
What Makes a Kansas Domestic Violence Charge Different from Assault or Battery?
In Kansas, what separates a charge of 'Domestic Violence' from
an ordinary assault or battery charge is that
the unlawful contact is between a family or household member against another
household or family member. 'Family or Household member' means between adults 18 years or
older who are married, formerly married, parents and children, stepparents
or stepchildren, between persons living together, or who have formerly
lived together, and persons who have a child together, regardless of whether
they have ever been married or ever lived together. Domestic Violence
/ First Offense is a usually a Class B Misdemeanor in both states; however
prosecutors will look at the severity and nature of the injury as well
as prior convictions before filing charges.
Both Kansas and Missouri Domestic Violence Laws both contemplate relationships
outside of traditional marriage or family, including individuals cohabiting,
or those with a child in common.
What is The Kansas Definition of Domestic Battery?
Under Kansas Statute 21-5414 Domestic Battery is:
Knowingly or recklessly causing
bodily harm by a family or household member against a family or household member or
Knowingly causing physical contact with a family or household member by
a family or household member when done in a rude, insulting, or angry manner.
(Note: no bodily harm requirement)
Kansas Domestic Violence Cases are prosecuted at the State level in the
respective District Court; for example Johnson County Kansas District
Court has a dedicated Domestic Violence Division with five prosecutors
assigned to prosecute over fifteen hundred criminal domestic violence
cases per year. Kansas cases are not handled at the City / Municipal Court
level; they are sent straight to the District Court in the respective
county in which the alleged assault occurred..
Missouri Municipal Courts do usually handle Domestic Violence cases as
misdemeanors. However Domestic Violence charges can be filed as a felony
in Missouri State Court if the individual has a prior record of Domestic
Violence or if there is serious physical injury involved, among other factors.
Kansas can also upgrade a Domestic Violence charge to a felony, based upon
injury and any prior criminal history.
Know Your Rights: Consult With a Domestic Violence Attorney in Johnson
If you have been charged with domestic violence you may be facing a Court
Order prohibiting you from returning home or even contacting the other
party. A criminal conviction could be used against you in a divorce, you
could even be facing mandatory jail time, anger management classes, and
If you have been arrested for domestic violence
contact a Kansas City Domestic Violence Lawyer to discuss your rights and how we can help you by defending your interests
and pursuing the best possible outcome for your case.