Kansas Domestic Violence Laws. Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help. If the sentence does not require domestic violence counseling, the defendant must serve a minimum of days in jail.
Some victims, for instance, might use the same computer or device as the abuser, or might have a phone plan that allows the abuser to see the calls they make and receive. Kansas law defines "family or household member" as people who are at least 18 years old and who are:. Kansas law defines "family or household member" as people who are at least 18 years old and who are: current or former spouses parents or stepparents and children or stepchildren currently or formerly resided together parents of the same child, regardless of whether they have ever been married or lived together, and a pregnant woman and the man alleged to be the father, regardless of whether the two people have ever been married or lived together.
The statute lists several other statements and procedures that must appear in each department's policies, including statements of emergency dispatcher duties and procedures for handling domestic violence calls that involve court orders. When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are.
If you are charged with a domestic violence offense, or if you are accused of domestic violence in a petition for a protective order, you should speak with a lawyer. A person commits domestic battery by knowingly or recklessly causing bodily harm to a household or family member.
A conviction for a domestic violence offense can result in fines and jail time, and the issuance of a domestic violence protective order against you can affect important rights, such as child custody and visitation. Practice Area Please select Zip Code.
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A defendant charged with domestic battery may be permitted to enter a diversion program. Kansas law defines domestic violence as an act of violence or threat of violence against a family or household member or a person who is or was involved in a dating relationship with the offender. Kansas law requires all law enforcement agencies within the state to adopt policies for handling domestic violence complaints, and the law specifies several policies that must be included by every law enforcement agency within the state.
Domestic violence also includes any crime or municipal ordinance violation committed against a person or property when the act is directed at a family or household member or a person currently or formerly in a dating relationship with the offender. Call us at 1 Issue: search.
Among the policies that must be adopted by every agency is a requirement that an officer arrest a person suspected of committing a domestic violence offense. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
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By Peter FollowillContributing Author. In addition to the broadly defined domestic violence offenses, Kansas law also contains a criminal statute known as "domestic battery," which is specifically tailored to violent acts committed against family or household members.
Included in the same statute is a general "catch-all" provision that gives a court the power to order or prohibit any other acts that the court determines are necessary to protect the plaintiff or the plaintiff's children. Domestic battery also occurs where a person intentionally makes physical contact with a household or family member in an insulting, rude, or angry way.
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The day minimum cannot be probated, suspended, or paroled although the inmate may be allowed to serve work releaseand once released, the person must complete a domestic violence counseling program. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
Where the plaintiff presents sufficient evidence of abuse, the judge will grant a protective order.
Kansas law defines domestic violence as an act of violence or threat of violence against a family or household member or a person who is or was involved in a dating relationship with the offender.
The attorney listings on this site are paid attorney advertising. If granted, a domestic violence protective order lasts for no longer than one year, although the plaintiff can seek to have an order extended for an additional year. Talk to a Lawyer Start here to find criminal defense lawyers near you.
The court can also require assessment conducted by a certified batterer intervention program, and participation in the program's recommendations.
A victim of domestic violence can file a petition in court asking that a judge issue a protective order against the perpetrator. Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser.
When granting a protective order, the law authorizes judges to set a of provisions, including ones that:. Lawyer Directory. Domestic Battery In addition to the broadly defined domestic violence offenses, Kansas law also contains a criminal statute known as "domestic battery," which is specifically tailored to violent acts committed against family or household members. Diversion programs typically involve counseling and community service.
For example, a suspect who commits the crime of assault has committed a domestic violence offense if the assault is committed against a family or household member or against a person with whom the suspect is or was in a dating relationship. An experienced attorney will evaluate your case and advise you of available defenses. A domestic violence offense is any crime where the underlying facts meet the definition of domestic violence. A person who intentionally violates a domestic violence protective order commits a Class A misdemeanor, which carries the possibility of up to one year in jail.
The judge will hold a hearing where the victim referred to as the plaintiff must prove the allegation of abuse; the perpetrator also is allowed to present evidence. Probation is possible with certain conditions, but only when the defendant participates in batterer assessment and recommendations, as explained above.
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Although Kansas' definition of domestic violence includes violent acts among people who are or were in a dating relationship, its domestic battery definition applies only to people who are family or household members. How It Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. In some states, the information on this website may be considered a lawyer referral service. A defendant's successful completion of a diversion program will result in dismissal of the charges; however, an individual may enter a diversion program only twice within a five-year period, and charges resolved through the defendant's completion of a diversion program count as convictions when determining the level of punishment to be imposed for a new domestic battery conviction.