Domestic Violence Attorney in Johnson County

Support, Answers & Strong Advocacy When Facing Domestic Violence Charges

Facing a domestic violence allegation in Johnson County brings immediate pressure and life-changing risks. The right legal team protects your rights and provides steady guidance from the very beginning. At Garretson & Toth, LLC, we offer decades of criminal defense experience to every person we represent.

Early legal advice helps you move forward with confidence. Our attorneys focus on building strong defense strategies and clear communication. We answer your questions, protect your interests, and help you navigate the process with personalized support.

Secure the strategic advantage of a Johnson County domestic violence lawyer who has worked as a prosecutor. Our firm offers aggressive representation. Take control of your case—contact us online or call (913) 971-0296 today.

Understanding Kansas Domestic Violence Laws (K.S.A. § 21-5414)

Kansas law defines Domestic Battery based on the act committed and the relationship between the parties. The "domestic" designation applies to offenses between: spouses, former spouses, persons in a dating relationship, persons who live together, or persons who have a child in common.

The most common charges for domestic violence fall under K.S.A. § 21-5414, and we defend against both:

• Causing Bodily Harm: Knowingly or recklessly causing bodily harm to a person with whom the offender has a qualifying relationship. (This requires proof of some injury, even minor harm).
• Rude, Insulting, or Angry Contact: Knowingly causing physical contact with a person with whom the offender has a qualifying relationship, when done in a rude, insulting, or angry manner. (Crucially, no visible injury is required for a conviction under this section).

Aggravated Domestic Battery

The charge is immediately elevated to Aggravated Domestic Battery (a Severity Level 7 Person Felony) if the offense involves knowingly impeding the normal breathing or circulation of the blood of the victim (e.g., strangulation). This felony carries a potential prison sentence of up to 34 months.

Penalties of Domestic Violence Convictions in Kansas

Kansas law imposes severe, escalating penalties for domestic violence convictions, which include mandatory jail time that judges cannot waive.

• 1st Offense (Domestic Battery): Class B Person Misdemeanor — up to 6 months in jail, with a mandatory minimum of 48 consecutive hours.
• 2nd Offense (within 5 years): Class A Person Misdemeanor — up to 1 year in jail, with a mandatory minimum of 90 days.
• 3rd Offense (within 5 years): Person Felony — 90 days to 1 year in prison, with a mandatory minimum of 90 days.
• Aggravated Domestic Battery: Severity Level 7 Person Felony — up to 34 months in prison (no mandatory minimum, but incarceration is typical).

All convictions include mandatory fines and require the offender to undergo a certified domestic violence offender assessment and follow all resulting program recommendations.

Collating and Related Consequences

A conviction for domestic violence has far-reaching consequences that a domestic violence attorney in Johnson County must address:

• Lifetime Firearm Ban: A conviction for Domestic Battery (even a misdemeanor) results in a lifetime federal ban on owning or possessing firearms.
• No-Contact and PFA Orders: An automatic temporary No-Contact Order is issued upon arrest. The alleged victim may file a civil Protection From Abuse (PFA) Order, which can legally bar you from your residence and severely restrict child custody rights.
• Employment: The record impacts employment, particularly in professions requiring trust, such as education, healthcare, and finance.
• Immigration Status: Severe negative consequences for non-citizens, including potential deportation.

Our Comprehensive Approach to Domestic Violence Defense

A strong defense against domestic violence charges is built on the premise that the evidence often only tells one side of a complex relationship story. At Garretson & Toth, LLC, we ensure your side is forcefully presented.

We are former prosecutors—this is our core strategic advantage. We know the internal policies of the Johnson County DA's office, including their approach to "no-drop" cases and how they evaluate police probable cause. We use this knowledge to identify legal vulnerabilities that other firms might overlook.

Defense strategies we utilize as your domestic violence attorney in Johnson County:

• Self-Defense: Arguing that the client was the victim and used only necessary and reasonable force to protect themselves from an imminent attack by the other party.
• Accidental Contact: Proving the physical contact was unintentional, lacked the requisite rude, insulting, or angry intent, or was incidental to another action.
• Challenging Bodily Harm: Arguing that the State cannot prove the physical contact resulted in bodily harm or that the injury was pre-existing or self-inflicted.
• False Allegations/Motive to Lie: Investigating motive in divorce or custody disputes, where false or exaggerated claims are sometimes used to gain an advantage in civil court.

Why Choose Our Johnson County Domestic Violence Lawyers

Our backgrounds as former Assistant District Attorneys in Johnson County give us unique insight into how local prosecutors operate. You always receive direct guidance from a seasoned domestic violence lawyer in Johnson County—never an associate. 

We personally analyze every case and develop tailored strategies with you in mind. Our understanding of area courts and prosecutors lets us advocate for clients efficiently and with credibility. You can expect consistent communication, privacy, and support from your first call until your case concludes.

• Combined 60+ years of criminal defense in Kansas: Proven experience and steady guidance for serious legal challenges
• Direct partner attention for every client: Your defense does not get handed off or rushed
• Former prosecutors on your side: Insight into prosecution strategy for a better-prepared defense
• Strong local relationships: We understand local practices and can communicate effectively with Johnson County court personnel
• No-cost first consultation: Find answers before you decide, with no upfront expense

You do not have to navigate criminal proceedings alone. Our decades of work in Johnson County have built strong relationships throughout the courts. This credibility helps us guide you through each step, advocating for your interests from the first appearance to final resolution.

Clear Answers from a Johnson County Domestic Violence Lawyer

Questions come up at every stage of a domestic violence case. When you reach out to our team, you receive clear explanations tailored to your circumstances. Our Johnson County domestic violence lawyers make the process approachable and confidential—giving you space to share your story and learn how local laws may affect your outcome.

Your first meeting will focus on your goals, background, and all restrictions currently in place. We guide you through the likely next steps, address the effects of no-contact orders, and give you practical advice specific to Johnson County. We believe informed clients make better decisions and feel more confident as their cases proceed.

Contact an experienced domestic violence attorney in Johnson County immediately. Call (913) 971-0296 or reach out online for your confidential, cost-free consultation.