Olathe Domestic Battery Lawyer

WHAT IS DOMESTIC BATTERY?

Domestic battery is defined extremely broad, it includes any contact done in a "rude, angry or insulting" manner. It doesn't matter whether someone is hurt, all that matters is whether the contact was committed in a "rude, angry or insulting" manner. For example: Splashing a household member with water or throwing a toilet paper roll at them could be considered domestic battery in the eyes of the law.

What Is Domestic Violence?

A domestic violence offense is any crime committed against a family, household member, significant other or ex. For example: Forging a check in your ex’s name to gain access to their finances is a form of domestic violence.

Family or Household Member Is Defined by Law As:

• Persons 18 years of age or older who are
• Spouses and former spouses
• Parents or stepparents
• 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 whether they have been married or who have lived together at any time
• Dating relationship defined by law is a social relationship of a romantic nature.
  Factors that decide if a dating relationship exist can include:
• nature of the relationship;
• length of time the relationship existed;
• frequency of interaction between the parties; and,
• amount of time since termination of the relationship, if applicable.

Schedule your initial consultation by calling the Olathe domestic violence lawyers at our firm at (913) 359-8996 today. 

COMMON DOMESTIC BATTERY DEFENSES

Since domestic battery is defined so broadly, with complete disregard for whether any harm was actually caused, we’re left with 3 defenses.

These Include:

• Self-defense – essentially, “they were attacking me” or “they were about to attack me” and “I used a reasonable amount of force to prevent/stop the attack.” Keep in mind the level of force must be “reasonable.”
• Not “criminal” contact – here, the argument is that “yes, physical contact was made, but it was not intended as ‘rude, angry, or insulting.” Or perhaps the contact was accidental.
• No contact was made - here, we’re arguing that no contact was made, and the “victim” is lying.

THE PENALTIES FOR DOMESTIC BATTERY

The most significant and long-lasting penalty is that if you’re convicted of a Domestic Violence offense, you are prohibited from owning a firearm under federal law. Even though the conviction may be a misdemeanor, the “Domestic Violence” tag creates a ban on owning firearms.

Is Domestic Battery a Felony?

Domestic battery is a misdemeanor if it’s a first offense, or second offense within the last 5 years.

Domestic Battery Is A Felony If:

• it’s the third offense within 5-years, or
• involved strangulation, or
• resulted in substantial injuries.

First Offense of Domestic Battery

For a first offense of domestic battery, the court may impose a sentence of:

• 48 hours (minimum) to 6 months (maximum) in jail. A fine of $200 -$500. (a combination of jail and probation is possible); or
• In lieu of the mandatory 48 hours and fine, sentence the offender to probation with “Batterers Intervention Program.”

Second Offense of Domestic Battery

For a second offense of domestic battery, the court may impose a sentence of:

• 3 – 12 months in jail or as a “backup sentence”; and/or
• Mandatory 5- days in jail followed by probation. Which can be served as 2 days in jail followed by 3 days of work release.

Third Offense of Domestic Battery

For a third offense of domestic battery (felony), the court may impose a sentence of:

• 3 – 12 months in jail or as a “backup sentence”; and/or
• Mandatory 90-days in jail followed by probation. This 90-days can be served as 2 days in jail followed by 88-days of work release.

Strangulation Domestic Battery

For a “strangulation domestic battery, the court can impose a sentence of:

• 11 – 34 months in prison or as a “backup sentence” (depending on criminal history)
• If given probation, up to 60 days of jail time.

We are highly skilled Olathe domestic violence attorneys who will stop at nothing to attain a positive outcome to your situation. Request a consultation by dialing (913) 359-8996 or completing our online form.