Police Officer Interrogating a Person

Protecting Your Rights After a Domestic Violence Charge

Howard L.Lotven, P.C. July 28, 2023

Kansas City Attorney Defends Clients Accused of Domestic Violence

Experienced Jackson County Lawyer Assists People Facing Abuse Charges

Tens of thousands of domestic violence reports are made in Missouri every year, and many of these cases are much more complicated than the account in the police report. A domestic violence conviction can result in jail time, loss of child custody, a damaged reputation, and other harsh penalties. Since 1984, Howard L. Lotven, P.C. in Kansas City, Missouri has provided strong defense counsel to individuals facing serious charges, including those related to the alleged abuse of a relationship partner. I will make sure your side of the story is heard, and assert your rights effectively in all legal proceedings.

Reputable Missouri Firm Represents Clients Charged with Domestic Crimes

A domestic violence crime involves an offender who assaults a victim with whom they share some type of pre-existing relationship. Family members, household members, former household members, and current and former romantic partners of the offender are all considered domestic victims.

If the accuser is a domestic victim, a defendant may face increased penalties for committing, attempting, or threatening:

  • Criminal harassment

  • Stalking

  • Physical harm

  • Sexual assault

  • Coercion

  • Unlawful imprisonment

Domestic assault is the charge commonly filed when the alleged offender’s victim is 17 years old or older. There are four degrees of domestic assault:

  • First degree — Domestic assault in the first degree comprises attempted murder, or the infliction or attempted infliction of serious physical injury.

  • Second degree — Domestic assault in the second degree occurs when the offender knowingly causes physical injury to a victim by choking, strangulation, or the use of a deadly weapon or dangerous instrument.

  • Third degree — A person who knowingly causes physical pain or illness, or who attempts to cause physical injury, commits domestic assault in the third degree.

  • Fourth degree — This charge may follow a variety of offenses, including causing physical injury, putting a person at substantial risk of physical injury or purposely isolating a victim from other people.

In more than 35 years of practicing law in northwest Missouri, I have handled criminal defense for clients facing a wide range of felony and misdemeanor domestic violence charges.

Knowledgeable Adviser Helps Clients Adhere to And Fight Orders of Protection

An order of protection, or restraining order, may be granted to any victim of stalking or domestic violence. This is a civil order that commands an alleged abuser to stop engaging in harassment and abuse and usually requires them to stay away from the victim. Depending on the situation, an order of protection might affect custody rights and/or mandate that the subject of the order end communication with the victim.

Missouri courts issue two different types of restraining orders:

  • Ex parte order — A victim of stalking or domestic violence may request a temporary restraining order from a circuit court, and the court can grant it without hearing from the accused abuser. The accused offender can fight the order at a later court hearing.

  • Full order — A full order of protection can only be granted after a court hearing attended by the abuse victim. The order remains in effect for at least 180 days and up to one year. A full order can establish the abuser’s obligations for child support, spousal support, and other forms of remedy.

Unfortunately, some people make false accusations of domestic violence in hopes of gaining an upper hand in a divorce, custody battle, or social circle. If you are served with an order of protection, follow all terms of the order. I can help you fight it in court, but that battle becomes more difficult if you violate the law. My firm will work to help you protect your reputation and freedom.

Contact a Respected Kansas City Domestic Violence Defense Attorney for A Free Consultation

At Howard L. Lotven, P.C. in Kansas City, Missouri, I vigorously defend individuals charged with domestic violence. For a free consultation, call or contact me online.