Domestic violence accusations are not taken lightly by the state. Charges of this nature can be damaging to your personal life and your reputation, despite often being the result of a misunderstanding. If you face what you believe to be inadequate accusations of domestic violence, you risk losing years of your life to the judicial process.
Fortunately, you do not have to face these allegations alone. A Junction City domestic violence lawyer could be your legal advocate, building a strong defense and ensuring that your rights are protected. Reach out to a seasoned defense attorney today to discuss your case.
Defining Domestic Violence under Junction City Law
Kansas Statute § 21-5111 defines domestic violence as the threat or enaction of violence against another member of a shared home, including a spouse, child, or relative. The state’s protections also cover individuals who have been in a relationship with the accused party in the past.
Acts of domestic violence can include assault, battery, harassment, and more. The wide scope of domestic violence can make these cases complex when they are brought to court, which is why it is especially important for someone facing charges of this nature to have an experienced attorney on their side.
What is Domestic Battery?
Domestic battery specifically describes incidents where the accused is believed to have brought physical harm to a loved one, child, family member, or member of a shared household. The physical nature of these incidents makes domestic battery a subset of domestic violence under state law.
All parties brought up on accusations of either domestic violence or domestic battery must knowingly bring harm to their victims. Consequential harm falls under a different category of state legislature, as it can more adequately be classified as negligence.
Penalties for Domestic Battery
While each incident of domestic battery will vary based on a case’s severity, most courts classify this offense as a Class B misdemeanor. Parties accused of domestic battery can subsequently face up to six months in jail as well as fines of up to $500.
Parties who have been accused of domestic battery multiple times may face more severe sanctions. Defendants with prior convictions can face jail time of up to one year, with the court classifying the incident as a Class A misdemeanor. These parties may also face fines of up to $1,000 for the first offense and up to $7,500 for additional convictions. A skilled lawyer could help someone accused of domestic battery to form a robust defense that aims to mitigate potential punishments.
Protective Orders in Junction City
Under Kansas Statute §60-3106, all individuals who claim to be victims of domestic violence have the right to file for a protective order in the state. The rights granted to the holder of the protective order can be determined by an area judge. These rights can include:
- Forbidding the accused from contacting the holder, their children, or shared relations
- Removing the accused from the holder’s home
- Reassigning ownership of the accused’s property to the holder
Protective orders in Junction City last for a year at a time, but plaintiffs in domestic violence cases can request order extensions. Once a protective order has been approved by a judge, a defendant cannot appeal it. A local attorney that is well-versed in domestic abuse cases could explain the terms of a protective order to a defendant.
Junction City Domestic Violence Attorneys are Here to Help
Allegations of domestic violence and battery are serious. Facing these accusations can be extremely difficult, but you do not have to do it alone.
A Junction City domestic violence lawyer could walk you through your rights and help you determine how best to approach your case. Reach out today to learn more about what our dedicated legal team could do for you.