In Kansas City, MO, domestic violence is characterized as any emotional abuse or physical abuse, threats, or any kind of harassment between persons who have had a close romantic, social, or familial relationship.
Missouri has put in place domestic violence laws that protect spouses, household members, intimate partners, children, and family members from coming to harm from loved ones.
Any violence against a current or former family member, spouse, or person that a person previously lived with or with whom one has been in a romantic relationship or has a child with is a crime.
In addition to physical abuse, in Kansas City, Missouri, domestic abuse may include acts of child abuse, verbal abuse, elder abuse, assault, unlawful imprisonment, battery, sexual assault, coercion, harassment, kidnapping, and stalking, among others. Stalking is defined as a deliberate act of another that reasonably causes the alleged victim to be afraid and that serves no legitimate purpose.
There are two types of orders of protection available to the alleged victims. Ex parte orders of protection are usually granted by the judge if he or she believes that there is an immediate and present danger of domestic abuse. These restraining orders can be granted without the alleged abuser’s knowledge, and they are valid until a court hearing, which usually occurs within 15 days. For full protective order, the involved parties have the chance to tell their side of the story at a court hearing. If this protection order is granted, it can last from 180 days to a year.
Understanding Domestic Violence: Types and Consequences
When defining domestic violence, the type of act committed does not matter as much as the relationship between the perpetrator and the victims.
Domestic violence, a term that encapsulates a range of abusive behaviors within intimate relationships, extends beyond physical aggression. It includes emotional, psychological, sexual, and financial abuse, each carrying significant legal implications and potential consequences.
The legal system categorizes domestic violence based on the severity and nature of the act, ranging from misdemeanors to felonies, with penalties varying from fines and restraining orders to imprisonment.
Physical abuse, the most visible form, involves causing bodily harm or putting someone in fear of such harm. Emotional or psychological abuse, though less tangible, can be equally devastating, involving tactics to demean, control, or isolate the victim.
Sexual abuse within domestic settings includes any non-consensual sexual act or behavior.
Financial abuse, a powerful control mechanism, involves restricting the victim’s access to resources, thereby limiting their autonomy.
The consequences of domestic violence convictions are profound. Beyond immediate legal penalties, they can affect child custody, employment opportunities, and housing options.
In addition to incarceration and fines, Missouri law also imposes other restrictions in domestic violence cases. For example, a police officer can arrest an individual without a warrant if the officer believes that the individual committed domestic abuse, even if they didn’t witness the offense.
Missouri law allows judges to deny bail if the prosecution shows that the defendant poses a danger to the victim or other individuals such as a witness. Judges can also impose strict release conditions including no-contact orders and orders to the defendant to leave the alleged victim’s home. Furthermore, Missouri law forbids defendants convicted of any felony from possessing or purchasing a firearm.
Is Domestic Violence a Felony in Kansas City, Missouri?
Depending on the circumstances of the crime, domestic violence in the state of Missouri is in most cases considered a felony offense, although it can be considered a misdemeanor in certain occasions.
Potential penalties after a domestic violence conviction depend on the classification of the offense.
- Class A misdemeanor – domestic assault in the fourth degree, punishable by up to one year in jail or a fine of up to $2,000
- Class E felony – domestic assault in the third degree; maximum sentence is up to four years in prison and a fine of up to $10,000
- Class D felony – domestic assault in the second degree punishable by up to seven years in prison and a fine of up to $10,000
- Class B felony – domestic assault in the first degree; maximum sentence includes not less than 5 and up to 15 years in prison. However, if the offender had inflicted serious physical injury to the alleged victim, the crime can even be considered a Class A felony, punishable by 10 to 30 years of imprisonment.
If you face domestic violence charges, contact The DWI & Criminal Law Center today! You will receive attentive service and a skilled lawyer who will fight to protect your future.
Why You Need Kansas City Domestic Violence Lawyers
It is important to note that you do not have to live with or marry someone to be accused of domestic violence. In fact, it is not uncommon to get false accusations labeled against someone who was in a relationship with another in the past, even if they were never married.
In many instances, you could deal with criminal charges based solely on actions such as raising your voice in an argument, resulting in a family member or the neighbors calling the police.
You do not have to touch or hit another person to be accused of domestic violence. Just the threat of violence could result in a criminal charge and the resulting consequences.
Under Kansas City domestic violence laws, you can be charged with the crime if you are accused of engaging in or threatening violence against:
- Anyone you live with at present or lived with in the past
- Your current or past boyfriend/girlfriend or spouse
- Anyone who is carrying your child or with whom you share a child
Children, stepchildren, parents, step-parents, or anyone deemed a family member by blood relations or marriage
Many clients facing domestic abuse or violence charges usually believe that they can only be charged if the altercation or argument resulted in serious injuries. Many also mistakenly believe that the victim can get the charges dismissed or dropped.
Like many other criminal offenses, domestic violence offenses are offenses against the state, and the prosecutor may press charges even if the alleged victim of the crime wishes otherwise. Domestic violence falls under the four degrees of domestic assault and will be punished accordingly.
For this reason, you need to hire a law firm such as the Benjamin Law Firm, LLC.
We provide initial consultation on your case and offer legal advice on handling the case, including other aspects such as child custody and child support.
We can also advise on a protective order or restraining order that may be slapped against you.
Domestic Violence Defense
If you are looking for the best attorney in the Kansas City area in general, there are no better attorneys than those at the Benjamin Law Firm, LLC.
Our law office has the best attorneys that have successfully handled all manner of domestic violence legal issues in the city and across the state.
Once you have been charged with domestic violence, we always recommend that you call us as soon as possible to establish an attorney-client relationship. Once we have all the information, we can then begin to prepare the defense according to the circumstances of your case.
You can also be charged with higher crimes if you:
- Caused physical injury
- Attempted to kill the victim
- Used a deadly weapon
- Isolated the victim using electronic or physical means
- Performed actions that you knew could cause serious injury or death
The state will usually charge an offender with a misdemeanor or a felony if they are found guilty of a higher-level domestic abuse charge.
Given the nature of these crimes, it is critical to have a good defense attorney as such crimes could land one in prison depending on the circumstances. Even the most minor domestic charges could remain on your criminal record for life.
At the Benjamin Law Firm, LLC, we provide consultations to prospective clients. Our attorneys could help prove your innocence so that you can retain your clean criminal record and begin putting your life back together.
Contact a Family Violence Lawyer
Family law issues tend to be complex and complicated. Unluckily, many people face false domestic violence allegations when they did not threaten or commit violence. It is never wise to assume that you will not be convicted just because you did not commit the crime.
At the Benjamin Law Firm, LLC, we fight for you every step of the way to protect your reputation, career, and freedom. We serve clients throughout Missouri and the Kansas City area.
Contact us today to request a consultation and begin moving forward.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
