In Kansas, the difference between an assault charge domestic violence is the identity of the victim. Domestic violence is a classification that applies to when the victim is a family member. The laws apply to family, members of the same household, and former romantic partners. A criminal lawyer in Junction City, KS provides a defense for defendants facing these charges.
Defining the Domestic Violence Charge
The charge could be assault and battery, sexual assault, and manslaughter. However, the classification of domestic violence increases the potential penalties if the defendant is convicted. The penalties could double if the victim was a child. The victim of the crime acquires legal protection by filing a petition for a protection order.
The Effects of a Protection Order
A protection order prohibits specific actions. The first and most obvious provision stops all contact between the victim and the defendant. This includes visiting the home and workplace of the victim. The defendant cannot call, email, or send text messages to the victim. Supervised visitation could be required if the defendant has children. The provisions may also stop the defendant from consuming alcohol or using drugs.
What Happens if the Defendant Violates the Order?
The defendant incurs a new and separate charge for each violation of the protection order. If convicted, he or she receives the full penalty for each individual violation in addition to penalties for domestic violence. The severity of the victim’s injuries could determine the punishment assigned.
Further Effects of Domestic Violence
A domestic violence conviction is used in a civil case such as a divorce. If the child was the victim, the opposing spouse could gain sole custody. The spouse could also request supervised visitation to mitigate risks. The protection order could be extended as well.
In Kansas, domestic violence charges indicate a threat or direct action to cause bodily harm. The cases identify a family member, spouse, or household member as the victim. The classification increases the penalty for standard crimes such as assault and battery. This is due to the identity of the victim. Defendants who need a legal defense contact a criminal lawyer in Junction City, KS through Oleen Law Firm .