Zach V. Thomas

The Olathe Criminal Defense Lawyer

Domestic Violence can affect anyone

Domestic violence charges carry a lot of baggage with them. This starts from the very beginning of the case. Jurisdictions in Kansas take domestic violence very seriously. If the police are called to the scene to investigate a domestic violence charge, somebody will be removed from the home. At this point, not only are you facing criminal charges, but you will have also been separated from your spouse, your kids, and your home and belongings. Additionally, with the increase in societal awareness, employers are looking at domestic violence charges as potential red flags.

CHarged with domestic Battery?

Most people think Domestic Violence can only happen in relationships (husband/wife, partners, boyfriends and girlfriends) however, domestic charges can have children and former roommates as potential victims. The most common domestic charges include domestic battery, criminal damage to property, and/or disorderly conduct. Sometimes, these charges are used as leverage in a divorce proceeding. In those situations, the spouse may file for a protection from abuse order which could restrict your ability to see your kids, pets, and/or retrieve belongings from your house. Furthermore, as part of that Protection from Abuse order, the victim may try and initiate contact with you so that you violate the order and give him/her further leverage in the divorce proceeding. As a result, Violation of a Protection from Abuse Order is another common domestic charge. Not only does this add another element to your case, but more importantly, it can keep you from being with your or even talking to your family.

Charges can be brought without the victims cooperation

Changes in the law require someone to be removed from the residence whenever the police are called to a domestic dispute. Even if there is no physical evidence, the police could still arrest you based upon surrounding evidence. If you are arrested, know that charges will be brought forth with or without the cooperation of the victim.

In Kansas, domestic violence is defined as any crime committed against a family or household member or someone with whom the defendant shares a romantic relationship. Charges like domestic battery, criminal damage to property, disorderly conduct, or criminal restraint are examples of what could be charged as a domestic violence case.

Domestic violence charges can aggregate, causing harsher punishments with each new charge, including but not limited to an escalation to Felony Domestic Battery. I have handled a large number of domestic violence cases. I understand that these charges have a much larger impact than just the criminal aspect. Also, it is not uncommon for false charges to be brought forward to help a “victim” obtain immigration support, divorce, child custody, or to settle property disputes.

Ready to fight for you at trial

Contact an attorney that is willing to take on the fight all the way up to trial if needed. Some attorneys prefer to plead cases so that they can move on to the next paycheck. I have tried a number of trials and prosecutors are aware of this. The realization that I am more than willing to go to trial could result in a better outcome for my clients. Find a criminal defense attorney willing to fight your case all the way to the end. Contact me so that we can discuss your case and review your options and rights.

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  • DOmestic Violence STATUTE
  • 21-5414. Domestic battery; aggravated domestic battery.
    (a) Domestic battery is:

    (1) Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or
    (2) knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.