Every action that threatens the well-being of another is a violation of the state’s criminal code. This includes situations where a person actually harms another and cases where they place others in fear of harm. These incidents can result in harsh penalties under state law that include the payment of fines, mandatory counseling, and time spent in jail.
However, enhanced penalties may apply if these allegations involve a family member or a close relation as the alleged victim. In many situations, a conviction carries a mandatory jail sentence. Furthermore, the claimant can ask the court for a restraining order that can have profound impacts before a case goes to trial.
A skilled criminal defense attorney could be able to help if you are facing allegations involving violence against a family or household member. A Hays domestic violence lawyer could work to not only contest the criminal charges at the core of the case but also to protect your rights leading up to the trial.
All acts of alleged violence or threats of harm are illegal under state law. However, certain allegations fall under the law’s definition of domestic violence. According to Kansas Statute § 21-5111(i), domestic violence involves an act or threatened act of violence against a person with whom the defendant is involved in a dating relationship. It also covers allegations of violence against family members or household members.
Correctly identifying a case as an instance of domestic violence is an important part of the process. People who believe that they are the victims of domestic violence can petition a local courthouse to impose a Protection from Abuse Order (PFA). These orders can prevent a defendant from contacting the claimant for up to one year. As a result, these orders may force a person to move out of a home, quit a job, or stop seeing their children. A Hays domestic violence attorney could provide an individual with more information about the charges they are facing and help fight back against PFAs.
Hays is in one of a few states that have created a separate criminal charge related to certain forms of domestic violence. Under KS Statute § 21-5414, the offense of domestic battery involves the alleged causing of bodily harm to any household or family member. A first conviction is a class B misdemeanor that carries a minimum 48-hour jail sentence and a fine of at least $200. If the offense is especially severe, a court may sentence a person to a six-month jail term. In addition, subsequent convictions within a five-year period increase the severity of the mandatory minimum and maximum sentences.
However, not every allegation involving domestic violence involves battery. Police may make arrests based upon violations of the law prohibiting:
In each of these situations, police and prosecutors can mark the file as being apparent domestic violence. This could expose a defendant to enhanced penalties. A skilled Hays attorney could help an individual build a robust defense against charges of domestic violence.
Every allegation involving domestic violence is a serious matter. As soon as an arrest occurs, claimants can petition the court to enact a protection from abuse order that limits their freedoms before a case even goes to trial. Convictions will result in mandatory minimum jail sentences and the imposition of permanent restraining orders.
If you are facing accusations of violence against a family member, partner, or other household member, it is critical to consult with an attorney as soon as possible. A Hays domestic violence lawyer could get to work to quickly assess the situation, defend your rights during protective order hearings, and develop defenses against the charges at the core of your case. Call now to get started.
