What to Do If You Are Accused of Domestic Violence in Missouri

Facing Domestic Violence Accusations in Missouri

Being accused of a domestic violence crime can be a harrowing and emotionally turbulent experience. Whether your intentions were misinterpreted or you find yourself facing a false accusation, it is a serious situation with long-reaching ramifications that can impact your life and the lives of your loved ones. Proving your innocence can be a difficult challenge, and it is crucial to take specific steps to protect your rights and your future.

Since a domestic violence accusation can lead to both criminal charges and a civil lawsuit, it is imperative to contact a reliable law firm immediately to receive legal advice and begin building your defense.

What Qualifies as a Domestic Violence Crime in MO?

According to Missouri law, domestic violence consists of causing physical injury or pain or placing someone in fear of such. It is considered “domestic” when the abusive conduct is against a family or household member, which includes:

• Current or former spouse
• Current or former intimate partner
• Current or former cohabitant
• Co-parent regardless of status
• Relative by blood or marriage

In addition to physical acts, domestic violence crimes can also include verbal altercations that could potentially lead to physical escalation. The specific charges can include, but are not limited to:

• Aggravated Trespass
• Beating
• Child Abuse
• Criminal Threats
• Domestic Battery
• Elder Abuse
• Harassment
• Sexual Assault
• Stalking
• Unlawful Imprisonment
• Violation of a Restraining Order

The Degrees of Domestic Assault and Potential Penalties

With both criminal and potential civil consequences, Missouri law divides domestic violence crimes into four degrees based on the level of harm and circumstances. It is important to understand the specific degree of assault you have been charged with, as the penalties vary significantly.

• Domestic Assault in the Fourth Degree: This is a Class A misdemeanor, with punishments of up to one year in jail and up to $2,000 in fines. This charge is filed when a person intentionally or negligently causes another to feel pain, illness, injury, or fear of such. If you have been found guilty of domestic assault in the past, a fourth-degree charge may be elevated to a Class E felony.
• Domestic Assault in the Third Degree: This is a Class E felony, punishable by up to four years in prison and up to $10,000 in fines. This charge applies when an offender intentionally causes illness or physical pain.
• Domestic Assault in the Second Degree: This is a Class D felony, with punishments of up to seven years in prison and up to $10,000 in fines. It is a second-degree crime when the accused intentionally causes physical injury with a deadly weapon.
• Domestic Assault in the First Degree: This is a Class B felony, with punishments of 5 to 15 years in prison. It is a first-degree crime when the accused intentionally inflicts serious physical injury or attempts to kill a domestic victim. This could also be a Class A felony punishable by 10 to 30 years in prison or life.

Critical Steps to Take When Accused

If you have been accused of domestic violence, it is crucial to take immediate and deliberate action to protect your legal rights. Many people make the mistake of underestimating these allegations, thinking they can easily defend themselves, but the following steps are essential:

1. Hire a Qualified Domestic Violence Attorney: Fighting a domestic violence charge on your own is nearly impossible. As soon as you learn you are being accused or charged, it is imperative to speak to an attorney with a background of successfully defending domestic violence cases. An attorney can conduct an independent investigation, interview witnesses, and collect evidence that may prove you have been wrongfully accused.
2. Do Not Talk to the Accuser: Your first instinct may be to contact the person who accused you, but you must avoid all contact. In many cases, an order of protection is issued that prohibits you from contacting the alleged victim, and violating this order can make the situation significantly worse. Any conversations you have can also be used against you in court.
3. Understand the Arrest Process: Unlike other states, Missouri does not always require police to make an arrest after responding to a domestic dispute unless certain circumstances apply. However, local police agencies may have their own protocols, and an arrest may occur on the first visit. In some cases, the police may turn the information over to a prosecutor who will decide if charges should be filed. It is also common for accusations to be made directly to an attorney, often during divorce or custody disputes, without police involvement.

You do not have to navigate this situation alone. The moment you are accused, you should begin building a solid defense with the assistance of a knowledgeable criminal defense lawyer.