According to the Kansas Statutes, domestic violence is defined as “knowingly or recklessly causing bodily harm by a family or household member against a family or household member; or knowingly causing physical contact with a family member or household member by a family or household member when done in a rude, insulting, or angry manner.”
While the vast majority of domestic violence charges result in misdemeanors, there are still long-term collateral consequences associated with a domestic violence tag. These consequences not only pose the threat of possible jail time and associated fines, but they can also affect an individual’s ability to gain employment, own a firearm, and impact immigration status. The McConnell Law Firm domestic violence attorneys in Wichita, Kansas, have detailed the severities of a domestic violence charge below.
Potential Jail Time and Fines
Depending on the classification of a domestic violence charge, a misdemeanor or a felony, the jail time and fines associated with the offense will vary. If it is a defendant’s first domestic violence offense, it will most likely be categorized as a class B misdemeanor and will be resolved in a municipal court, meaning that the defendant could face up to six months of jail time with an incarceration period no less than 48 hours. The defendant could also be fined between $200 and $500 and may be subjected to a domestic violence offender assessment.
If a defendant has multiple instances of alleged domestic violence in the past (three offenses in five years), or if the alleged victim’s injuries are more severe, the defendant will face felony charges and be sentenced to no less than 90 days and no more than one year’s imprisonment, and they will be fined between $1,000 and $7,500. The defendant will also be required to complete a domestic violence offender assessment conducted by a certified batterer intervention program and follow all program recommendations.
Navigating a No-Contact Order
Not only can a domestic violence charge pose the threat of jail time and fines, but it can also affect the defendant’s living situation. Depending on where the case is being tried, in a municipal court or a district court, the no-contact order in place will vary. For example, in Wichita, Kansas, if a defendant is facing a misdemeanor domestic violence charge tried in the municipal court, there will be a mandatory 72-hour no-contact order where the defendant is not allowed to contact the alleged victim in any manner. Once the initial 72 hours have passed, the defendant will be allowed to return home to their significant other or spouse, but they will be prohibited from discussing any details of the case. Other municipal courts may mirror the district court with a no-contact order that does not expire until the case’s resolution. If there is any reason to believe that the defendant has campaigned for the alleged victim not to pursue the case in court, the defendant may be charged with witness intimidation and face additional criminal charges.
If the case is being tried in a district court, one of the bond conditions may have a provision stating that the defendant cannot have any contact with the alleged victim or any witnesses for the entirety of the case’s duration, potentially complicating the defendant’s living situation. In order to return home, the defendant will need to hire an expert domestic violence attorney to help file a motion to modify the bond terms with the district court, allowing them to have contact with the alleged victim.
Combatting a Domestic Violence Tag
“The big thing with domestic violence charges are the tags associated with the offense,” said Jonathan W. McConnell, a domestic violence attorney in Wichita, Kansas, who founded the McConnell Law Firm. “There are a lot of collateral consequences associated with a domestic violence tag that you don’t think about, but you want to avoid if you can because these tags are really difficult to undo.”
Some unrealized collateral consequences associated with a domestic violence tag include:
Inability To Gain Employment – While a defendant may be charged with a domestic violence misdemeanor, they will likely experience difficulty gaining employment. Many people, including employers, perceive domestic violence offenses to be worse than felony charges since they are often associated with violence toward a woman, as opposed to a basic battery charge. This long-term consequence of a domestic violence charge, even if between two roommates, oftentimes makes it difficult to find employment.
Inability To Own a Firearm – Even after a defendant serves their required jail time and pays their determined fines, they still face the inability to own or possess a firearm. In the state of Kansas, a misdemeanor domestic violence charge will result in the inability to possess a firearm for five years following the conviction and the inability to purchase a firearm until the conviction is expunged. The laws regarding possession and ownership of firearms following a domestic violence charge vary by state, so it is beneficial to contact an experienced domestic violence attorney to discuss the potential options in your state.
Possible Deportation – An often overlooked collateral consequence of a domestic violence charge is the threat of deportation. A defendant’s deportation status is based on whether or not a criminal charge is considered a Crime Involving Moral Turpitude (CIMT), and the removal process involves looking at these crimes on a case-by-case basis. It is always best practice to contact an immigration attorney immediately if entered into the removal process.
Have You Been Accused?
If a false domestic violence accusation has been made against you, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different and no conclusions should be drawn without first consulting a domestic violence attorney in Wichita about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
