Domestic Violence Lawyer in Overland Park

Protect Your Rights and Defend Your Name with Help From an Experienced Lawyer

Domestic violence is a serious issue that impacts individuals and families across Overland Park. At Garretson & Toth, LLC, we understand the severe emotional and legal ramifications these allegations can bring. Our goal is to provide robust defense strategies tailored specifically to the unique legal landscape of Overland Park.

Overland Park adheres to Kansas state laws which explicitly define domestic violence and related offenses. These laws are designed to protect victims while ensuring fair treatment for the accused. In Johnson County, domestic violence cases are processed with particular attention to the safety and welfare of both parties, with standard procedures including protective orders and mandatory arrest policies under certain conditions.

Speak with a skilled domestic violence lawyer in Overland Park today. Call (913) 971-0296 now or contact us online for a free, confidential consultation.

Understanding Domestic Violence Charges in Kansas

In Kansas, "domestic violence" is not a standalone crime but rather a designation applied to certain criminal offenses when they are committed against a specific category of individuals. Kansas Statute § 21-5111(i) broadly defines "domestic violence" as: 

"an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. "Domestic violence" also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member."

Key Elements of a Domestic Violence Charge:

• Underlying Crime: The offense must be an underlying criminal act, such as Domestic Battery (K.S.A. § 21-5414), Domestic Assault (K.S.A. § 21-5413(b)), Stalking (K.S.A. § 21-5427), Criminal Damage to Property (K.S.A. § 21-5813), Violation of a Protection Order (K.S.A. § 21-5924), and other crimes like aggravated battery, aggravated assault, or even homicide, if committed against a domestic victim.
• Specific Relationship: The alleged victim must fall into one of the following categories in relation to the offender (as defined by K.S.A. § 21-5111(j) and § 21-5414(b)):
  • Spouses or former spouses.
  • Parents or stepparents and children or stepchildren.
  • Persons who are presently residing together or who have resided together in the past.
  • Persons who have a child in common (regardless of marriage or cohabitation).
  • Individuals who are or have been involved in a "dating relationship" (defined as a social relationship of a romantic nature).
  • Includes a pregnant woman and the alleged father, regardless of marriage or cohabitation.

Types of Domestic Violence Charges and Penalties in Kansas

The penalties for domestic violence convictions in Kansas are severe and escalate significantly with repeat offenses. The specific punishment depends on the underlying crime and your criminal history.

For Domestic Battery (K.S.A. § 21-5414):

This is the most common charge, and its severity increases based on prior convictions within a five-year look-back period.

First Offense (within 5 years):

• Class B Person Misdemeanor.
• Mandatory minimum of 48 consecutive hours up to 6 months in county jail.
• Fine: Not less than $200, nor more than $500.
• Mandatory Domestic Violence Offender Assessment by a certified batterer intervention program, and follow all recommendations.
• May also include probation, community service, and restitution.

Second Offense (within 5 years of a prior domestic battery conviction):

• Class A Person Misdemeanor.
• Mandatory minimum of 90 days up to 1 year in county jail.
• Fine: Not less than $500, nor more than $2,500.
• Mandatory Domestic Violence Offender Assessment and follow recommendations.
• Not eligible for probation or parole until at least 5 consecutive days of imprisonment have been served.

Third or Subsequent Offense (within 5 years of two or more prior domestic battery convictions):

• Person Felony. The specific felony severity level depends on the underlying act, but it carries felony-level prison sentences.
• Mandatory minimum of 90 days up to 1 year in county jail (to be served in a work release program only after 48 consecutive hours) or state prison.
• Fine: Not less than $1,000, nor more than $7,500.
• Mandatory Domestic Violence Offender Assessment and follow recommendations.
• Not eligible for probation or parole until at least 90 days of imprisonment have been served. If the assessment and recommendations are not followed, the minimum imprisonment increases to 180 days.

For Aggravated Domestic Battery (K.S.A. § 21-5414(b)):

This involves knowingly impeding the normal breathing or circulation of the blood (by applying pressure on the throat/neck/chest or blocking nose/mouth) of a domestic victim.

• Severity Level 7, Person Felony.
• Prison Time: 11 to 34 months (approximately 1 to 2.8 years) in state prison, depending on criminal history.
• Fine: Up to $100,000.
• This is a severe charge, and a dedicated Overland Park domestic violence lawyer is crucial for defense.

For Domestic Assault (K.S.A. § 21-5413(b)):

• Class C Person Misdemeanor.
• Up to 30 days in jail.
• Fine: Up to $500.

For Violating a Protection from Abuse (PFA) Order (K.S.A. § 21-5924(b)):

• Class A Person Misdemeanor.
• Mandatory minimum of 90 days up to 1 year in jail.
• Fine: Up to $2,500.
• If the violation is by stalking, harassment, or committing an act that would constitute a severity level 6 or higher person felony (or certain other felonies) while subject to a PFA order, the violation itself becomes a severity level 6, person felony (17 to 46 months in prison). This significantly enhances the charge, and a vigilant Overland Park domestic violence attorney will warn clients about strict PFA compliance.

How Garretson & Toth, LLC Can Assist as Your Domestic Violence Attorney in Overland Park

With over 60 years of combined legal experience, the attorneys at Garretson & Toth, LLC bring a wealth of knowledge and a client-first approach to every case. We believe in direct representation, meaning your case will never be delegated to less experienced associates. Our background as former prosecutors offers us unique insights into the tactics employed by the opposition, enabling us to effectively challenge their strategies.

We offer free consultations to help potential clients understand their legal standing and options. Our dedication to transparent, approachable legal advice makes us a trusted choice for those facing domestic violence charges in Overland Park.

Our approach begins with a detailed case analysis, assessing all evidence, and considering potential defenses or alternative outcomes. We work closely with you to understand the specifics of your case and develop a legal strategy that prioritizes your best interests. By focusing on strategic negotiation and, if necessary, trial advocacy, we strive to achieve a favorable resolution.

Take Control of Your Legal Situation

Facing domestic violence charges can be daunting, but you don’t have to navigate it alone. At Garretson & Toth, LLC, we’re proud of our reputation for delivering personal and dedicated service to individuals in Overland Park. Our team’s insight as former prosecutors provides a competitive edge that is invaluable when challenging the prosecution’s case.

Reach out to us today at (913) 971-0296 and discover how our personalized approach can make a difference in your defense. Take the first step towards protecting your rights and securing your future by contacting us now.