As leading Criminal Defense Attorneys in St. Louis, MO, Combs Waterkotte is here to help. See below to learn more about what to do if you’re involved in a Domestic Violence case.
Table of Contents
- What Are My Rights if Accused of Domestic Violence?
- What Happens During a Domestic Violence Investigation?
- What Counts as Domestic Violence?
- Can I Be Arrested for Being Accused of Domestic Violence?
- How Long Will My Domestic Violence Charge Stay On My Record?
- What Are the Penalties for a Domestic Violence Conviction?
- How Do I Prove My Innocence if Accused of Domestic Violence?
- Can an Alleged Victim Refuse to Testify in a Domestic Violence Case?
- How Does a Domestic Violence Charge Affect Child Custody?
- Can I Be Fired if Accused of Domestic Violence?
What Are My Rights if Accused of Domestic Violence?
If you’re accused of domestic violence, you still have critical constitutional rights that protect you throughout the criminal process. These include:
- Right to Remain Silent: You do not have to answer questions from law enforcement or prosecutors.
- Right to an Attorney: You have the right to legal representation during every stage of the case.
- Right to Be Informed of the Charges: You must be told what crimes you are being accused of.
- Right to a Fair and Public Trial: You are entitled to a trial that is open and decided by an impartial judge or jury.
- Right to a Speedy Trial: You have the right to have your case heard without unreasonable delay.
- Right to Confront Witnesses: You can cross-examine anyone who testifies against you.
- Right to Present Evidence: You can offer testimony, documents, and other evidence in your defense.
- Right Against Self-Incrimination: You cannot be forced to testify against yourself.
- Right to an Appeal: If convicted, you can challenge the verdict through the appellate courts.
What Happens During a Domestic Violence Investigation?
Upon arrival, officers typically separate the parties and gather evidence. This may include photographs of injuries, property damage, and the condition of the scene. Witness interviews are often conducted on the spot, and both the alleged victim and accused may be questioned.
If you are the accused, do not make a statement at the scene. Follow instructions, don’t argue. If arrested, request an attorney immediately and avoid making any statements.
Further investigation often includes reviewing 911 calls, gathering surveillance footage, and collecting additional evidence. What officers collect early often plays a major role in whether charges are filed and how strong the case becomes.
What Counts as Domestic Violence?
Domestic violence in Missouri goes far beyond physical assault. State law covers a broad range of behavior — and some charges may not look like “violence” at all. Here are some of the most common accusations that can lead to serious legal consequences:
- Physical Abuse: Assault, battery, and any physical harm inflicted on a partner or family member.
- Emotional Abuse: Intimidation, threats, verbal abuse, and psychological manipulation.
- Sexual Abuse: Any non-consensual sexual activity, including marital rape and sexual assault.
- Financial Abuse: Controlling access to financial resources, withholding money, or preventing a partner from working.
- Stalking: Repeatedly following, harassing, or threatening someone, causing them to fear for their safety.
- Harassment: Unwanted and persistent behavior that causes distress and may include phone calls, messages, or social media harassment.
- Child Abuse: Physical, emotional, or sexual abuse directed towards a child by a parent or guardian.
- Elder Abuse: Abuse, neglect, or exploitation of an elderly family member.
- Violation of Protection Orders: Ignoring or violating restraining orders issued to protect victims of domestic violence.
Domestic violence charges in Missouri aren’t limited to physical assault. Emotional abuse, financial control, and violating a protection order can all lead to criminal charges. If you’ve been accused, you need to understand exactly what you’re facing — and have a defense lawyer who’s ready to fight back.
Can I Be Arrested for Being Accused of Domestic Violence?
Yes, you can be arrested based solely on an accusation. If officers observe signs of physical abuse — such as bruising, cuts, or property damage — they may arrest the alleged aggressor immediately. Even without visible injuries, police can make an arrest if witness statements, 911 calls, or other evidence suggest violence occurred.
In Missouri (and most states), police need probable cause to make an arrest, but visible injuries, property damage, witness accounts, or other evidence can often meet that standard during a domestic violence call.
How Long Will My Domestic Violence Charge Stay On My Record?
If you are convicted — whether by pleading guilty or being found guilty at trial — the domestic violence charge will stay on your criminal record. In Missouri, certain lower-level domestic violence offenses may be eligible for expungement after a waiting period, but the vast majority of convictions are not eligible for expungement under state law.
In general, expungement in Missouri requires meeting strict conditions: the offense must be eligible by statute, all sentences must be completed, a waiting period (typically three years or longer) must pass, and the individual must not have any pending charges or subsequent convictions. Domestic assault and similar violent crimes are often excluded from expungement eligibility.
Talk to a criminal defense lawyer before agreeing to any plea deal, especially in domestic violence cases, to understand the long-term impact on your record.
What Are the Penalties for a Domestic Violence Conviction?
In Missouri, penalties for a domestic violence conviction vary based on the severity of the offense, but can include jail time, fines, probation, mandatory counseling, loss of gun rights, and restrictions on custody or visitation rights.
- Class A Misdemeanor: Up to 1 year in jail and a $2,000 fine (example: Domestic Assault in the Fourth Degree — first offense).
- Class E Felony: Up to 4 years in prison (example: Domestic Assault in the Third Degree — prior offenses).
- Class D Felony: 1 to 7 years in prison (example: serious injury without a weapon).
- Class B Felony: 5 to 15 years in prison (example: causing serious physical injury or assault with a deadly weapon).
- Class A Felony: 10 to 30 years, or life in prison (rare, usually tied to extremely serious assaults involving deadly force).
No matter the level of the charge, a domestic violence conviction can carry life-changing consequences beyond prison time — including loss of civil rights, professional licenses, and future employment opportunities.
How Do I Prove My Innocence if Accused of Domestic Violence?
In a criminal case, you don’t have to prove your innocence — the state must prove your guilt beyond a reasonable doubt. However, a strong defense often includes gathering evidence such as:
- Witness statements supporting your version of events.
- Text messages, emails, or social media posts showing no threat or violence occurred.
- Phone records or location data challenging the alleged timeline.
- Photographs or videos showing the actual condition of the parties involved.
- Medical records that dispute claims of injury.
A skilled criminal defense lawyer will help you collect, preserve, and present this evidence.
Can an Alleged Victim Refuse to Testify in a Domestic Violence Case?
In Missouri, an alleged victim can be subpoenaed to testify. If they refuse, prosecutors can sometimes use prior statements or other evidence to move forward with the case. Whether the victim cooperates or not, the case can still proceed depending on the available evidence.
How Does a Domestic Violence Charge Affect Child Custody?
While we don’t handle family law cases like divorce or child custody, domestic violence charges can heavily affect those issues. In Missouri, a pending Order of Protection can limit custody and visitation rights, even without a criminal conviction.
If a custody case is pending, allegations of domestic violence can be used to seek emergency changes, supervised visitation, or full custody modifications.
Can I Be Fired if Accused of Domestic Violence?
Yes, you can be fired based on an accusation of domestic violence — even without a conviction. Many employers have policies that allow termination after an arrest or while charges are pending, especially in jobs that require a professional license, security clearance, or contact with vulnerable populations.
Missouri is an at-will employment state, meaning your employer can terminate you for almost any reason, including accusations of misconduct.
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Why Combs Waterkotte for Domestic Violence Charges in Missouri?
Don’t wait to Contact our Domestic Violence Attorneys now or give us a call at (314) 900-HELP for more information. We fight to make sure any charges are reduced, dismissed entirely, and to help you reach a “not guilty” verdict after a trial.
