Domestic Violence Lawyer in Kansas City, Missouri

Domestic violence is a serious offense in Missouri, both in terms of legal consequences and social stigma. If you or someone you know is facing domestic violence charges in Missouri, it’s essential to understand the law, the criminal justice process, and your defense options.

At Guilfoil Law Group, in Kansas City, Missouri, I understand the seriousness of these accusations and the lasting impact they can have. That’s why we provide aggressive, compassionate, and strategic legal defense tailored to your unique situation.

With years of experience in Missouri criminal law, I’ve helped countless clients with intricate domestic violence cases with discretion and determination. Whether you're dealing with a first-time accusation or a more serious charge, I’m here to make sure your side of the story is heard and your rights are fully protected.

Don’t leave your future to chance. Let me stand by your side and fight for you and your case. Contact me for a consultation today.

What Is Domestic Violence Under Missouri Law?

In Missouri, “domestic violence” isn’t a single offense. Instead, it’s a category of criminal behavior that occurs between individuals who have a specific relationship. This includes current or former spouses, individuals who live or have lived together, those in a romantic or sexual relationship, family members by blood or marriage, and individuals who share a child.

Missouri law categorizes domestic violence primarily through the lens of domestic assault, which is defined under Missouri Revised Statutes §§ 565.072 through 565.076. The law recognizes four degrees of domestic assault:

First-Degree Domestic Assault

This is the most serious domestic assault charge and involves attempts to kill or knowingly cause serious physical injury to a domestic partner. It’s typically charged as a Class B felony but may be elevated to a Class A felony if serious physical injury actually occurs. A conviction can lead to decades in prison.

Second-Degree Domestic Assault

This degree involves knowingly causing injury by means such as a deadly weapon or dangerous instrument, choking, or inflicting serious bodily harm. It’s categorized as a Class C felony and carries significant prison time.

Third-Degree Domestic Assault

This charge applies when a person knowingly causes physical injury or engages in conduct that creates a substantial risk of harm. It also covers reckless conduct. It’s classified as a Class E felony.

Fourth-Degree Domestic Assault

This is the least severe but still a serious charge. It involves attempts or threats to cause physical injury, or causing minor injury. It may be charged as a Class A misdemeanor but can be elevated to a felony with prior convictions.

Additional Charges Related to Domestic Violence

Domestic violence cases may involve other criminal charges in addition to or instead of domestic assault. These can include:

• Harassment or stalking: These charges can arise when an individual repeatedly engages in behavior intended to annoy, alarm, or intimidate another person, particularly a current or former intimate partner. Stalking, a more severe form, involves a pattern of conduct that causes a person to fear for their safety or the safety of others.

• Unlawful imprisonment: This charge occurs when an individual intentionally and unlawfully restrains another person against their will. In a domestic context, this might involve physically preventing a partner from leaving a room, a home, or any location.

• Violation of a protective order: When a court issues a protective order (also known as a restraining order), it prohibits an individual from contacting or approaching a specified person.

• Child endangerment or abuse: Domestic violence in a household where children are present can often lead to charges of child endangerment or abuse. 

• Sexual assault: Even within an intimate relationship, consent is paramount, and any sexual act performed without it constitutes sexual assault. These cases are particularly sensitive and require careful handling.

Understanding the full scope of potential charges in a domestic violence case is crucial for anyone involved, whether as a victim or an accused individual. Each charge carries its own set of legal definitions, evidentiary requirements, and potential penalties, underscoring the importance of skilled legal representation.

Each of these offenses can carry separate penalties and may be enhanced if they occur within a domestic relationship.

Arrest and Prosecution Procedures in Missouri

In Missouri, law enforcement officers are required to take domestic violence allegations seriously. Police have the authority to arrest someone without a warrant if they have probable cause to believe that a domestic violence incident has occurred within the last 24 hours.

Missouri also follows what’s known as a “no-drop policy.” This means that once charges are filed, the prosecutor will typically proceed with the case even if the alleged victim recants or refuses to testify. The state, not the victim, is considered the party pressing charges.

Once arrested, a defendant may face one or more of the following:

• Initial hearing and setting of bond
  

• Issuance of a no-contact order or full order of protection
  

• Pre-trial hearings and motions
  

• Trial or plea agreement discussions

During this time, it's vital to work with a criminal defense attorney to prepare your case and protect your rights.

Protective Orders and Their Consequences

In many cases, the alleged victim may seek a protective order (also known as a restraining order) in civil court. These can be granted quickly, often on an emergency (ex parte) basis, and may restrict the accused from contacting or going near the victim, their home, workplace, or children.

A full order of protection, granted after a hearing, can last up to a year or longer and may include provisions like:

• Temporary custody or support arrangements

• Mandatory participation in anger management or domestic violence programs

• Surrendering firearms

Violating a protective order is a separate criminal offense and may result in additional jail time, even if the underlying domestic violence charges are dismissed.

Penalties for Domestic Violence Convictions

The penalties for domestic violence depend on the degree of the charge and the defendant’s prior criminal history. Felony convictions can result in:

• Long prison sentences (from 1 to 30 years or even life, depending on severity)

• Heavy fines

• Mandatory probation and counseling

• Permanent loss of firearm rights

• Difficulty finding employment, housing, or custody rights

Even misdemeanor convictions can carry up to one year in jail and significant fines. Moreover, any conviction may stay on your criminal record permanently, as Missouri doesn’t allow expungement for most domestic violence offenses.

Firearm Restrictions

One of the most significant consequences of a domestic violence conviction in Missouri is the loss of firearm rights. Both state and federal laws prohibit individuals convicted of domestic assault—whether misdemeanor or felony—from owning or possessing firearms.

Additionally, being subject to a full protective order can temporarily revoke your right to possess firearms. Violating this condition is considered a serious federal offense, which can result in further felony charges and prison time.

Immigration and Custody Consequences

For non-citizens, a domestic violence conviction can have severe immigration consequences, including deportation or denial of naturalization. U.S. immigration law considers domestic violence a “crime involving moral turpitude,” which can disqualify someone from legal residency.

In family law, a domestic violence conviction can negatively impact your custody and visitation rights. Missouri family courts consider domestic violence when determining what’s in the best interest of the child. Even if you’re not convicted, a pending charge or active protective order can influence a judge’s decision.

Taking Action Early Matters

Domestic violence allegations are among the most damaging criminal accusations a person can face. Even before conviction, these charges can ruin your reputation, cost you your job, and separate you from your children.

If you've been arrested or are under investigation for domestic violence in Missouri, there are several crucial steps you should take. First, don’t speak to the police without a lawyer present. Second, don’t contact the alleged victim if a protective order is in place. Third, avoid posting on social media about the incident. 

Finally, contact a qualified criminal defense attorney as soon as possible. Your freedom, reputation, and future are on the line. The earlier you act, the more options you'll have for resolving the case with the least possible impact on your life.