Domestic violence is a genuinely awful crime, marring the lives of victims and society as a whole. That doesn’t mean everyone who gets charged with this crime is guilty. At Addair Law, we believe that people are innocent until proven guilty, and we believe that every defendant deserves a lawyer who will not only work hard for them, but who will truly believe in their cause. That’s the kind of dedicated legal counsel you can find in our Manhattan office.
Call (785) 645-2732 or contact us online today for a consultation. We have over 15 years of experience and serve all of Riley, Clay, Saline, Shawnee, and Wabaunsee counties.
Understanding Domestic Violence
Domestic violence, as defined by Kansas law, involves threats or acts of violence directed at a household or family member, or someone who is or has been in a dating relationship with the accused individual. This definition extends beyond physical harm to include any other criminal act committed against the person or their property. Because this legal framework casts a wide net, domestic violence charges may arise in a variety of situations.
State law provides a clear definition of who may be considered a family or household member in domestic violence cases:
Current or former spouses
Parents or stepparents
Children or stepchildren
Individuals who are currently or previously cohabiting
Parents of a child in common, regardless of marital status or living arrangement
A pregnant woman and the man alleged to be the father, regardless of marriage or cohabitation
Those who are currently or were formerly in a dating relationship
Domestic violence charges can be connected to any crime committed against someone within these categories. Prosecutors may bring domestic violence charges in cases where a less severe allegation would have been more fitting. For instance, an assault charge could be elevated to domestic violence if it occurs between family or household members.
Every case is different, with its own unique dynamic. The specifics of your situation will inform the chosen defense strategy. Here are some of the most common approaches:
Self-Defense
This applies when the accused can demonstrate that they acted to protect themselves from harm or imminent danger. For this to be effective, there must usually be evidence showing that the level of force used was proportionate to the threat faced. For example, a defendant might claim they only struck the alleged victim to prevent their own injury during an altercation.
False Allegations
These can occur for a variety of reasons, such as ongoing disputes, jealousy, or an attempt to gain leverage in a child custody or divorce battle. Possible evidence can include text messages, witness statements, or alibi documentation.
Lack of Evidence
This is the most basic defense in any criminal defense case. The prosecution must prove their case beyond a reasonable doubt. A defense based on lack of evidence questions whether the presented proof is sufficient to meet this standard. For instance, if the case lacks credible witnesses, physical evidence, or medical records linking the defendant to the alleged abuse, this can weaken the prosecution's argument.
Consent
Although less common, consent may be raised as a defense in certain scenarios. If we can establish that the alleged victim consented to specific actions that are now being labeled as abuse, it undermines the case against the defendant.
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“Gabriella and her team quickly unsealed my father’s adoption records. Highly recommend Addair Law for exceptional service in Kansas!”
Built on Integrity, Commitment, and Client-Centered Care
What Sets Addair Law Apart?
Trusted Local Expertise
With a deep understanding of the law and our community, we’re committed to protecting your rights and advocating for you every step of the way.
Client-Centered Solutions
Our approach prioritizes your needs and goals, with strategies designed to achieve the best outcomes for your unique situation.
Convenient Virtual Consultations
Access legal support from the comfort of your home with secure virtual consultations, tailored to fit your schedule.
Bilingual Representation
We provide legal services in both English and Spanish to ensure clear communication and personalized guidance for every client.
We Stand by Our Clients
Facing accusations of domestic violence can be an isolating and overwhelming experience. All too often, those accused find themselves abandoned by friends, family, and their community, as society is quick to rush to judgment. At our firm, we believe in the principle of due process and the right to a fair defense. No matter how daunting the allegations, our attorneys are steadfast in their commitment to standing by our clients. We are here to provide the support and representation you need to navigate these challenging times with confidence.
Our team understands the complexities of domestic violence cases and works tirelessly to uncover the facts, protect your rights, and ensure you are treated fairly under the law. Whether you are worried about protecting your reputation, your career, or your future, you can count on us to be in your corner every step of the way. We know the stakes are high, and we are ready to fight for your voice to be heard in and out of the courtroom.
Call (785) 645-2732 today. We serve both English and Spanish-speaking defendants and can meet either in our Manhattan office or via video conference.
