Overland Park Domestic Violence Lawyer
When Innocent People Get Accused of Family and Domestic Violence
In most cases, domestic violence charges arise because a heated and emotional argument got out of control. Furthermore, false allegations of domestic violence are unfortunately not uncommon. Incidents often occur during divorce, when accusations may be used to gain leverage in a property or child custody dispute. The sooner you contact an Overland Park domestic violence lawyer, the better.
The trauma of arrest — perhaps in front of friends, family or children — may be just the beginning of a difficult ordeal. You should be aware that once an arrest is made, charges are brought by the state with or without the cooperation of the alleged victim. Moreover, if police are called during a domestic argument, an arrest is required if the police believe that either or both parties have committed an act of violence.
Domestic violence accusations can destroy your reputation, and a conviction is bound to derail your ability to get a job or to find housing. If you are involved in a domestic violence case, domestic violence lawyer Jerry Merrill can help.
The Consequences of a Domestic Violence Arrest Are Too Severe to Risk
Kansas statutes define domestic violence, which typically involves charges of assault or battery, as any crime committed against a family or household member or someone with whom the defendant shares a romantic relationship. You could also be charged with criminal damage to property or even criminal restraint should a domestic fight get out of hand.
Domestic violence charges can carry lasting penalties, including:
- A criminal record that makes it hard to get a job or housing
- The inability to possess a firearm
- Jail time
- Repeat domestic battery convictions could lead to felony domestic violence charges, which carry mandatory minimum jail sentences.
Regardless of severity, all of these charges can significantly impact your future.
Let Our Overland Park Domestic Violence Lawyer Build You a Vigorous Defense
Jerry has tried a large number of family violence cases. He understands the situation you face, and he knows how to aggressively pursue the best possible outcome. His experience and reputation as an aggressive trial lawyer are effective tools for negotiating with prosecutors to reduce or dismiss the charges against you.
If you retain Jerry, he will conduct a thorough investigation to call into question the veracity of the witnesses accusing you of domestic violence. Because such charges arise out of heated and emotional situations, self-defense is often a common issue. Jerry will thoroughly evaluate your case and look for every possible defense.
Felony Domestic Violence Arrests Can Turn Your World Upside Down
In addition to the direct penalties — fines, jail time, a criminal record — there are indirect consequences of being convicted of felony domestic violence. These collateral consequences can hinder your ability to find or keep employment, obtain or maintain professional licenses, own a firearm and obtain security clearances. A conviction could also compromise your parental rights.
With so much at stake, you need an experienced domestic violence attorney to review all of your priors and build a case challenging sentencing decisions. As your lawyer, Jerry Merrill will aggressively investigate the police reports and witness accounts. He will look for inconsistencies in witness testimony and other evidence that can be used to minimize the consequences you face.
Understanding Kansas Law on Domestic Violence
Domestic violence in Kansas is not limited to the conflicts between married couples. The state’s laws include a broader range of domestic violence situations that apply to family members, household members, and people with romantic connections. According to Kansas’ domestic violence statute, a person commits a domestic violence offense if he or she “commits an act or threatens to commit an act of violence against a family or household member or a dating partner.” A “family or household member” could be a spouse, a former spouse, someone you currently or previously live with, a co-parent, or a dating partner.
Battery is the most common domestic violence offense. It is defined under Section 21-5414 as causing bodily harm or making rude, insulting, or angry physical contact with a person with whom you have a “dating, familial or household” relationship. For example, if you and your partner get into an argument that gets physical, you could be arrested for domestic battery even if you were the only one who touched the other person, and it was just a minor incident.
The statutes also define several different kinds of “aggravated domestic battery,” which could include strangling someone or impeding the breathing of another person. Aggravated domestic battery charges are more serious and could be filed as felony offenses.
It is important to note that the decision whether to prosecute a domestic violence charge is made by the state’s prosecutor, not the alleged victim. Even if the victim of the domestic violence tells the police and prosecutors that he or she does not want to “press charges” or “testify against” the alleged abuser, the case may still be pursued. If you are accused of domestic violence, it is essential to retain an experienced Overland Park domestic violence lawyer as soon as possible to protect your rights.
Consequences of Domestic Violence
A domestic violence conviction in Kansas can result in severe consequences that can ultimately ruin various aspects of your life and your family members’ lives. For example, in many instances, domestic battery is considered to be a misdemeanor that could result in jail time, fines, and require the completion of a court-approved intervention program.
For repeat offenders, the penalties are even greater if convicted of the same offense within 5 years of a prior conviction. For instance, on the third or subsequent domestic battery offense within five years, the state must file felony charges that may result in tougher penalties, such as increased mandatory jail time and bigger fines.
Keep in mind that there are also more indirect consequences that can stem from a domestic violence conviction. For instance, a conviction may cause you to lose your right to own, buy, and possess a firearm. Additionally, in cases involving restraining or “no contact” orders, you may be limited in where you can live, go, and with whom you can have contact. Also, if you work, an accusation or conviction may make it difficult for you to keep your current job or find a new one, and if you have a professional license, it may get suspended and/or revoked.
For those who aren’t U.S. citizens, a domestic violence charge could make renewing your visa more difficult, or you may even face deportation. Even if your domestic violence case is dismissed or you are allowed to complete a diversion program, the arrest and domestic battery charge may still show up on your criminal record and affect your life until it is expunged.
A Note About the Potential Financial Impact
In addition to the non-monetary penalties, there can be considerable financial consequences. Fines and court costs are almost certain and can amount to thousands of dollars. You may also have to pay for court-approved counseling programs and other court-ordered conditions. You might also lose income due to missing work.
Experienced Domestic Violence Lawyer. Aggressive Defender. Call for a Consultation Today
If you were accused of any form of domestic violence, be it verbal or emotional abuse or physical assault, you need an aggressive attorney on your side every step of the way and who can help you fight your charges and prevent you from incurring life-altering criminal and civil penalties. Domestic violence convictions can impact every aspect of your life, from having to go to prison to losing custody of your children. Jerry Merrill can help you contest these types of allegations.
Schedule a free initial consultation with a skilled Overland Park domestic violence lawyer today to discuss your rights and legal options. Contact the firm online or call 913-381-2085. We help clients in Shawnee, Overland Park, Olathe and more.