Domestic Violence Attorney in Kansas City
When someone makes an allegation of domestic violence, law enforcement and the courts are quick to favor the accuser at the expense of the accused. The concept of being innocent until proven guilty is secondary to the immediate actions taken against the alleged perpetrator.
If you have been accused of domestic violence in Kansas City, Kansas, or Kansas City, Missouri, turn to Richman Law Office LLC for help. As a former prosecuting attorney, I know that circumstances that lead to allegations of domestic violence are not always as they appear. I use my prosecutorial experience to defend those charged with these crimes.
Determining Domestic Violence
in Kansas and Missouri
Domestic violence is an act of violence or threats of violence against a member of your household, a family member, or someone with whom you share a child or intimate relationship. Violations include those you could be charged with if committed against anyone else, such as physical assault, battery, sexual abuse, rape, stalking, or violation of an order of protection. When committed against someone with whom you have a domestic relationship, they fall under that category.
There need not be physical contact or injury to be charged with domestic assault. The alleged victim need only accuse you of threatening their health and safety.
If accused of domestic violence, you may immediately be arrested without a warrant so long as there is probable cause. You may be charged and suffer the consequences of a protective order before you even have the opportunity to rebut the accusations in court. You may have to leave the house or pay for the accuser’s accommodations, have no contact whatsoever with the accuser, and be unable to see your children.
What Possible Penalties Do I Face?
Domestic violence charges range from misdemeanors to felonies. The more serious the felony, the more serious the penalties.
In Kansas, the lowest misdemeanor can result in up to six months in jail and a fine of up to $500. In Missouri, you can spend up to one year in jail and pay up to $2,000 in fines. Jail time and fines for misdemeanor convictions and prison sentences increase if you have a prior conviction for domestic violence.
You may also have a requirement to complete anger management classes. You may lose firearms privileges. You may lose custody of your children and have special rules for visitation. If you are not a U.S. citizen, a domestic violence conviction can lead to your deportation.
What Possible Defenses Do I Have?
The defenses you and your criminal defense attorney may raise will depend upon the specific circumstances of the event the charges stem from. However, some of the more common defenses used include being falsely accused of domestic violence by someone motivated by revenge, anger, jealousy, or suffering from mental health issues.
You can claim your actions were justified in an act of self-defense or defense of another - such as a child - because of a threat made by the accuser.
You may also be able to provide evidence of lack of intent. For example, during an argument with the accuser, you threw a glass vase across the room, and it shattered. The accuser stepped on the broken glass and injured themselves. You did not intend to cause that injury to the accuser.
Domestic Violence Attorney Serving Kansas City
There are always two sides to every domestic violence story. Although the justice system is fast to protect the accuser, the accused does not always merit the intervention. If you have been accused of domestic violence in or around Kansas City, regardless of the circumstances, contact my firm, Richman Law Office LLC, now to schedule a time to talk. I want to hear your side of the story and use my experience as a prosecuting attorney in your defense.