WICHITA DOMESTIC VIOLENCE ATTORNEYS

First offenses are usually categorized as a class B misdemeanor and are resolved in municipal court.

• Up to 6 months of jail time with an incarceration period of no less than 48 hours
• Possible fine between $200 and $500
• Possible domestic violence offender assessment

The defendant will likely face felony charges if they have three domestic violence offenses in five years or if the alleged domestic violence resulted in severe injuries.

• No less than 90 days and no more than one year’s imprisonment
• Fine between $1,000 and $7,500
• Required domestic violence offender assessment conducted by a certified batterer intervention program
• Follow-up on all program recommendations

While most domestic violence charges result in misdemeanors, there can be other long-term consequences. These consequences can affect an individual’s ability to gain employment and impact immigration status.

Not necessarily.

The best possible outcome a defendant can hope for is the dismissal of their case by the prosecuting attorney who filed the original charges. This can happen at any point during the criminal proceeding but usually occurs before a trial.

A domestic violence case may be dismissed if:

• There is a lack of evidence
• The accuser becomes uncooperative with the prosecution
• The accuser has a history of false allegations
• The allegation was mistakenly reported
• The accuser invokes their Fifth Amendment right against self-incrimination

If the case isn’t dismissed, a defendant may be able to negotiate with the prosecutor to take a lesser charge in exchange for a guilty plea (a “plea bargain.”)

While this may seem like the best way to get things over with, you shouldn’t make this decision without the guidance of a domestic violence attorney. You need to understand the specific terms of your agreement and the potential consequences. An attorney can help you determine the best route for you and your future.

Traditionally, when a case is brought before a judge, the judge will either agree to hear the case or move to dismiss the case from the court’s schedule. The judge can dismiss it “with prejudice” or “without prejudice.”

• “With prejudice” means that the prosecution’s case is legally damaged and can’t be brought back to court.
• “Without prejudice” means that the case is dismissed, but the prosecutor still has the right to refile it later. This may happen if the person who made the allegations refuses to appear in court. The prosecutor can still bring another suit based on the same alleged crime until the statute of limitations is up.

The statute of limitations for a domestic violence case is generally five years, with a few exceptions. The prosecutor usually won’t refile a case dismissed without prejudice unless there is another domestic violence occurrence or arrest.

Not necessarily. This is something many people don’t understand about domestic violence allegations.

It’s up to the government to prosecute a case, not the accuser. The government — whether that’s the city of Wichita or the state of Kansas — may decide to move forward with a case not because the accuser wants them to but because they believe the accused is a danger to society.

This is why it’s so important to think carefully before making accusations of domestic violence and to get an experienced domestic violence attorney if you have been falsely accused.

Domestic violence accusations can affect the rest of your life. You should contact an experienced domestic violence lawyer as soon as an accusation has been made.