Domestic Violence Attorney in Lenexa

Why Experience & Insight Matter When Facing Domestic Violence Charges

When facing a domestic violence allegation in Lenexa, every decision counts. At Garretson & Toth, LLC, we put the full strength of our 60+ years of combined criminal defense experience behind your case. Our founding attorneys, Tyler Garretson and Scott Toth, bring unique insight as former Johnson County prosecutors, giving us a strategic advantage in anticipating the prosecution's approach.

Understanding both the complexity and the urgency of domestic violence charges is essential for any solid defense. In Johnson County, an arrest may trigger an automatic restraining order and can immediately impact family dynamics, employment, and your reputation. 

We recognize that every client’s circumstances are unique and often sensitive—especially when child custody or shared housing is involved. Our approach combines deep legal knowledge with compassionate, confidential counsel, so you feel informed and empowered throughout the process.

Contact a Lenexa domestic violence lawyer at Garretson & Toth, LLC for a free and confidential consultation. Call us at (913) 971-0296 or reach out online. We are here to help.

Understanding Kansas Domestic Violence Laws

In Kansas, domestic violence is not a separate criminal charge but rather an enhancement to an underlying crime when the act is committed against a "family or household member" or a person in a "dating relationship." This means that a criminal charge like battery, assault, or criminal damage to property becomes a domestic violence offense when the relationship between the parties is a qualifying one.

The most common domestic violence charge is domestic battery, which is defined under Kansas Statute § 21-5414 as:

• Knowingly or recklessly causing bodily harm to a family or household member.
• Knowingly causing physical contact with a family or household member in a rude, insulting, or angry manner.

The legal definition of "family or household member" is broad and includes:

• Spouses, former spouses, and dating partners.
• Parents and children.
• Individuals related by blood or marriage.
• Anyone who has a child in common with the accused.
• Individuals who currently or formerly reside together.

If the underlying crime is a violent felony, such as aggravated battery (which can include impeding breathing or strangulation), the charge can be elevated to aggravated domestic battery. This is a severity level 7 person felony, carrying a much more serious prison sentence. Our firm is well-versed in the nuances of these distinctions. A skilled domestic violence attorney in Lenexa can analyze the circumstances of your case to ensure the prosecution has not overcharged you.

Penalties of a Kansas Domestic Violence Conviction

A conviction for a domestic violence offense in Kansas carries a long list of severe penalties and collateral consequences that can affect you for the rest of your life.

Direct Penalties:

• Jail Time: A first-time domestic battery conviction is a Class B person misdemeanor and requires a mandatory minimum of 48 consecutive hours in jail. Repeat offenses within five years can be elevated to a Class A person misdemeanor with a mandatory 90 days in jail or a felony with a mandatory 90 days in prison.
• Fines: Fines can range from a minimum of $200 for a first offense to up to $7,500 for a felony.
• Mandatory Domestic Violence Offender Assessment: All convicted individuals are required to undergo a domestic violence offender assessment and follow all recommendations from a certified program.
• No Contact Orders: An immediate no-contact order is typically issued upon arrest, preventing you from contacting the alleged victim or returning to your home. Violating this order can lead to additional charges.

Collateral Consequences:

• Firearm Restrictions: Under both Kansas and federal law, a domestic violence conviction can permanently prohibit you from owning or possessing a firearm.
• Permanent Criminal Record: A conviction will stay on your record, making it difficult to secure employment or housing.
• Child Custody Issues: A conviction can severely impact your parental rights, including child custody and time-sharing arrangements.
• Reputational Damage: The stigma of a domestic violence conviction can damage your reputation and relationships.

Our firm is committed to fighting to prevent these life-altering consequences. Our experience as a former prosecutor gives us a proven advantage, allowing us to provide a robust defense and serve as a dedicated domestic violence attorney in Lenexa.

The Kansas Criminal Defense Process for Domestic Violence Charges

The legal process for a domestic violence charge is complex and requires a strategic approach from the very beginning. Having a skilled domestic violence attorney in Lenexa on your side from day one can make all the difference.

Our firm will guide you through every step of this difficult journey:

1. Immediate No-Contact Order and Bond: Upon arrest, a judge will typically issue a no-contact order for 72 hours, which may be extended. We will work to get you a reasonable bond and, if possible, have the no-contact order modified.
2. Arraignment: This is where you will be formally charged. We will enter a not guilty plea on your behalf.
3. Discovery: We will obtain and meticulously review all evidence the prosecution has against you, including police reports, 911 call recordings, photos, and witness statements.
4. Motions: We will file motions to suppress any evidence that was improperly obtained or to challenge the legality of the arrest.
5. Plea Bargaining or Trial: Based on our review of the evidence, we will either negotiate a favorable plea bargain with the prosecutor or prepare to take your case to trial. Our background as former prosecutors means we are skilled at negotiating with the other side and are not afraid of the courtroom.

Our Comprehensive Approach to Domestic Violence Defense

At Garretson & Toth, LLC, our defense strategy for domestic violence charges is thorough and aggressive. Our experience as former prosecutors has taught us that no two cases are the same, and we tailor our approach to the unique facts of each client’s situation. We use our insight into the prosecution's strategies to build a more robust defense.

Our defense strategies for a Lenexa domestic violence lawyer may include:

• Self-Defense: We can argue that you acted in a reasonable belief that you were in imminent danger and that your actions were a necessary response to that threat.
• False Accusations: Sadly, false accusations are common, particularly in domestic situations. We will work to expose the accuser's motivations and demonstrate that the allegations are untrue.
• Challenging the Evidence: We will question the reliability of the evidence, including witness credibility and the extent of any alleged injuries.
• Disputing the Relationship: In some cases, we can argue that the relationship between you and the alleged victim does not meet the legal definition of a "domestic relationship."
• Protecting Your Rights: We will ensure your constitutional rights were not violated at any point during the arrest or investigation.

Our firm's proven success is a testament to our dedication to our clients. We take your case personally and are dedicated to helping you achieve a positive outcome.

SCHEDULE A FREE CONSULTATION