What Happens After a Domestic Violence Arrest in Kansas City? Domestic violence arrests in Kansas City are similar to other arrests, but are more likely to include orders of protection against the alleged offender. These charges should always be taken very seriously, and if you’ve been arrested for domestic violence, you need to call a top Kansas City criminal defense lawyer right away.
At Combs Waterkotte, we’re here to defend your rights and protect your freedom. You are presumed innocent until proven guilty, and we will fight for the best possible resolution for your case. Call us now at (314) 900-HELP or contact us online today to start building your defense with one of our domestic violence defense attorneys.
In this post, you’ll learn about:
- What happens after a domestic violence arrest
- Orders of protection that can be instituted after an arrest
- Defenses against domestic violence charges
- The different domestic violence charges you could face
What Happens After a Domestic Violence Arrest in Kansas City?
Domestic violence occurs when one family member or household member does one of the following to another:
- Harms them, intentionally or unintentionally
- Intimidates them or threatens harm
- Puts them at serious risk of death or major injury
- Intentionally touches them in an offensive way
- Intentionally isolates them from others, without good cause
In Missouri, the first time an alleged victim calls the police, they are not required to make an arrest. However, if they are called back to the same location within twelve hours, Missouri law requires them to make an arrest. It doesn’t matter if the alleged victim changes their mind or says they don’t want there to be an arrest.
After being formally arrested, the alleged offender will go through the Kansas City booking and charging process, which normally follows these steps:
- You’ll be taken to the police station or jail.
- Your photograph, fingerprints, and personal information will be recorded.
- You’ll be given an opportunity to make two phone calls – this typically happens when you’re booked, but you could be allowed to sooner or later.
- One of these calls should be to your domestic assault lawyer!
- It’s possible you’ll be taken to an interrogation room and the police will ask you questions. Or, they may put you in a holding cell to wait.
- Once the prosecution prepares the charges, you’ll have an arraignment, where you are formally told about the charges against you.
- Lastly, you’ll have a bond hearing, where you’ll be given conditions for your release
- Sometimes the bond hearing will happen at the same time as the arraignment
Tips To Follow During and After the Arrest
If you’re facing an arrest for domestic violence, don’t make it worse for yourself. It’s easy to feel upset, or to want to try and explain it away, but we don’t recommend that. Here are some tips for what to do if you’re arrested in Kansas City for domestic violence:
- Remain Calm – If you lash out or resist arrest, that won’t fix the situation. In fact, you’ll likely end up facing more charges as a result.
- Don’t Talk – You have the right to remain silent, and it’s a good idea to do so. Talking or trying to explain will generally do more harm than good.
- Invoke Your Sixth Amendment Rights – AKA your right to an attorney. If you’re in an interrogation, the officers should stop asking you questions after you ask for a lawyer.
- Don’t Consent to Searches – The police may briefly search you in order to be safe, but need a warrant to search any of your property. Don’t agree to warrantless searches.
- Contact A Domestic Assault Defense Attorney – time is critical; the sooner you speak with a lawyer, the better your chances are for positive outcomes.
Orders of Protection and Domestic Violence Arrests in Kansas City
Frequently, after a domestic violence arrest, the alleged victim will be issued an order of protection against the alleged offender. At the scene of the arrest, police often recommend that alleged victims file an order of protection. This means that if you have been arrested for domestic violence in Kansas City, you’re probably also facing an order of protection.
In Missouri, there are two different types of orders of protection: Ex parte and Full:
Ex parte orders can be issued by a judge without the alleged offender’s say, and typically last up to fifteen days. Full orders require a hearing where a judge listens to both sides and decides if an order of protection is necessary. If a full order is granted, it can last anywhere from 180 days to ten years. In domestic violence cases, it’s common for an alleged victim to get an ex parte order just after the arrest, and ask for a full order later.
If you’ve been issued an order of protection, it’s important to follow the following steps:
- Avoid all contact with the petitioner.
- Read the order carefully and obey it exactly.
- Contact an experienced restraining order defense attorney.
Defenses Against Kansas City Domestic Violence Charges
If you’ve been arrested, charged, released, and served with an order of protection, you’ve been through a whirlwind in the past few days. Unfortunately, it’s not over yet. Kansas City, Missouri, domestic violence charges still have to make their way through the legal system.
You’ll probably receive information about things like preliminary hearings and court dates – don’t try to go it alone. Hiring a leading criminal defense attorney can help you build a strong defense, using one of the following domestic violence defense strategies:
- Self Defense
- False Accusations
- Battered Spouse Syndrome
- Lack of Proof
- Lack of Intent
- Or others
Kansas City Domestic Violence Charges and Sentence You Could Be Facing:
Missouri has four different classifications of domestic assault, each with their own definition and penalty:
- First Degree Domestic Assault: Involves an attempt to kill or cause serious physical harm.
- Sentence: Class B Felony, 5-15 years in prison
- Second Degree Domestic Assault: Involves knowingly causing harm, or unintentionally causing serious harm.
- Sentence: Class D Felony, 1-7 years in prison
- Third Degree Domestic Assault: Involves attempting to cause harm, or knowingly causing pain.
- Sentence: Class E Felony, 1-4 years in prison
- Fourth Degree Domestic Assault: Involves recklessly causing an injury, risks injuring someone, threatens someone, touches someone offensively, or isolates someone.
- Sentence: Class A Misdemeanor, up to 1 year in prison
- Repeat Offense: Class E Felony, 1-4 years in prison
Working with an attorney can help you both reduce the level of domestic violence charge and also reduce the sentence, if it comes to it.
Arrested for Domestic Violence in Kansas City? You Need to Call Combs Waterkotte Right Away.
Domestic violence arrests are scary. Everything happens fast, and you could be facing years or decades behind bars. Maybe the allegations are false, maybe they’re exaggerated, or maybe the alleged victim doesn’t want the case to go forward. It feels overwhelming, but you have a path forward: Call an expert Missouri criminal defense attorney. Call Combs Waterkotte.
- We have two former prosecutors who know how the state likes to build a case against you.
- We have over 60 years of combined legal experience and have handled over 10,000 cases, many of which are just like yours.
- We build fearless defences that not only protect you at trial, but give us leverage in negotiations.
- We take a client-centered approach, where you get treated like a person, not a case number.
Protect your future. Get in touch at (314) 900-HELP or schedule an appointment online for a free, confidential consultation.
