Why Choose a Specialized Domestic Violence Defense Attorney
Domestic violence cases are among the most complex and emotionally charged in the criminal justice system. Unlike general criminal attorneys, our practice focuses specifically on domestic violence defense, understanding the unique challenges these cases present.
Attorney Anthony Moreno has extensive experience defending clients against all degrees of domestic assault charges in both Missouri and Kansas courts. We understand that domestic violence allegations often arise from misunderstandings, false accusations, or situations where self-defense was necessary.
Why Choose Us
Why MorenoLawKC is Your Best Defense Against Domestic Violence Charges
Specialized Domestic Violence Defense Experience
Our practice focuses specifically on domestic violence cases, giving us deep insight into Missouri and Kansas domestic violence laws, court procedures, and effective defense strategies. We understand the four degrees of domestic assault in Missouri and the escalating penalties for repeat offenses in Kansas.
Immediate Protection of Your Rights
We know that domestic violence arrests often happen quickly, with someone being removed from their home immediately. We act fast to protect your rights, challenge improper arrests, and work toward getting you back with your family while your case is pending.
Comprehensive Understanding of False Allegations
Many domestic violence cases involve false accusations motivated by divorce proceedings, child custody disputes, or relationship conflicts. We have extensive experience identifying and proving false allegations, protecting innocent clients from wrongful conviction.
Aggressive Court Representation
Whether negotiating with prosecutors or fighting your case at trial, we provide aggressive advocacy. We challenge evidence, cross-examine witnesses, and present compelling defenses including self-defense, defense of others, and lack of intent.
Advantages
Key Advantages of Choosing MorenoLawKC
- Immediate Response - Available 24/7 for arrest situations and urgent legal matters
- Free Consultation - No-cost initial consultation to evaluate your case and options
- Bilingual Services - Hablamos Español for Spanish-speaking clients and families
- Local Court Experience - Extensive experience in Jackson County, Johnson County, and Kansas City area courts
- Proven Defense Strategies - Track record of dismissed charges, reduced penalties, and favorable plea agreements
- Protection Order Defense - Experience challenging and modifying restraining orders and protection orders
- Family Preservation Focus - Working to keep families together while ensuring your legal protection
Practice Areas
Comprehensive Domestic Violence Defense Services
Missouri Domestic Assault Defense - All Four Degrees
First Degree Domestic Assault: Class B or A felony charges for attempting to kill or cause serious physical injury to family/household members. Penalties range from 5-15 years to life imprisonment.
Second Degree Domestic Assault: Class D felony charges for knowingly causing physical injury or using deadly weapon. Maximum penalty of 7 years imprisonment.
Third Degree Domestic Assault: Class E felony charges for attempting to cause injury or knowingly causing pain/illness. Up to 4 years imprisonment, escalating to Class D felony for repeat offenses.
Fourth Degree Domestic Assault: Class A misdemeanor charges including physical contact, threats, isolation, or creating apprehension of injury. Up to 12 months jail and $2,000 fine.
Kansas Domestic Violence Defense
First Offense: Class B person misdemeanor with up to 6 months jail and $500 fine.
Second Offense (within 5 years): Class A misdemeanor with up to 1 year jail and $1,000 fine.
Third or Subsequent Offense (within 5 years): Felony charges with up to 1 year prison and $7,500 fine.
Protection Order and Restraining Order Defense
We defend against both ex parte and full protective orders, challenging evidence and protecting your right to see your children and remain in your home.
Related Domestic Violence Charges
- Stalking and harassment charges
- False imprisonment allegations
- Elder abuse accusations
- Child abuse and neglect cases
- Violation of protective order charges
Compensation
Protecting Your Future from Domestic Violence Consequences
Immediate Consequences We Fight to Prevent
Jail and Prison Time: From 48 hours for first Kansas offense to life imprisonment for Missouri Class A felony domestic assault.
Removal from Home: Police typically remove someone from the home immediately upon domestic violence arrest.
No-Contact Orders: Automatic restraining orders preventing contact with alleged victims and often your children.
Loss of Firearm Rights: Federal law prohibits gun ownership for domestic violence convictions.
Long-Term Consequences We Work to Avoid
Employment Impact: Criminal background checks can affect current employment and future job opportunities.
Professional License Issues: Many professional licenses can be suspended or revoked for domestic violence convictions.
Child Custody Consequences: Domestic violence convictions significantly impact custody and visitation rights.
Immigration Consequences: Non-citizens face deportation risks for domestic violence convictions.
Housing Difficulties: Landlords often reject applications with domestic violence criminal history.
Common Injuries
Understanding Domestic Violence Allegations and Evidence
Physical Injury Claims
Prosecutors often rely on photographs, medical records, and witness testimony to prove physical injuries. We challenge the source of injuries, timeline inconsistencies, and alternative explanations for any documented harm.
Emotional and Psychological Abuse Allegations
Kansas City courts increasingly recognize emotional abuse as domestic violence. We defend against claims of threats, intimidation, isolation, and controlling behavior by examining context, witness credibility, and constitutional protections.
Property Damage and Destruction
Breaking phones, throwing objects, or damaging property can lead to domestic violence charges. We analyze whether actions were intentional, accidental, or justified under the circumstances.
Witness Testimony Challenges
Many domestic violence cases rely heavily on alleged victim testimony and witness statements. We thoroughly investigate witness credibility, motivations, and inconsistencies in their accounts.
Legal Information
Missouri and Kansas Domestic Violence Laws You Need to Know
Missouri Domestic Violence Statutes
Missouri Revised Statutes Chapter 565 defines domestic assault as attempts to cause physical harm to family or household members. "Household members" includes current/former spouses, individuals who live together or previously lived together, those with children in common, and those in intimate relationships.
Kansas Domestic Violence Laws
Kansas Statutes Annotated 21-5414 covers domestic battery, defining "family or household member" similarly to Missouri law. Kansas law includes specific provisions for escalating penalties with subsequent convictions within five-year periods.
Statute of Limitations
Most domestic violence charges must be filed within specific timeframes. Missouri felony domestic assault charges have longer limitation periods than misdemeanor charges.
Mandatory Arrest Policies
Both Missouri and Kansas have mandatory arrest policies when officers believe domestic violence occurred, meaning someone will be arrested even without witnessing the incident.
Process
What to Do If You're Accused of Domestic Violence
Immediate Steps After Domestic Violence Allegations
1. Remain Calm and Cooperative: Do not resist arrest or argue with officers, as this can lead to additional charges.
2. Exercise Your Right to Remain Silent: Do not discuss the incident with police without an attorney present.
3. Document Everything: Write down what happened, take photos of any injuries you sustained, and gather contact information for witnesses.
4. Contact MorenoLawKC Immediately: Call (816) 200-0467 as soon as possible for legal representation.
After Your Release
5. Comply with All Court Orders: Follow any no-contact orders or bond conditions exactly as written.
6. Gather Evidence: Collect text messages, emails, photos, and other evidence that supports your defense.
7. Avoid Contact with Alleged Victim: Do not attempt to contact the alleged victim directly or through third parties.
Emergency Contact: (816) 200-0467 - Available 24/7
Insurance Company
Common Prosecutor Arguments and Our Defense Strategies
"The Victim Has Visible Injuries"
Prosecutor Argument: Physical evidence of injuries proves domestic violence occurred.Our Defense: We investigate alternative explanations for injuries, examine medical records for inconsistencies, and challenge the timeline of when injuries occurred.
"There's a History of Police Calls"
Prosecutor Argument: Previous domestic disturbance calls show a pattern of violence.Our Defense: We distinguish between disturbance calls and actual arrests, highlight calls where no charges were filed, and demonstrate that frequent calls may indicate ongoing relationship issues rather than criminal behavior.
"The Defendant Has a Motive to Lie"
Prosecutor Argument: The defendant is lying to avoid consequences.Our Defense: We show that alleged victims often have stronger motives to lie, including gaining advantages in divorce proceedings, child custody disputes, or housing situations.
"Self-Defense Doesn't Apply"
Prosecutor Argument: The defendant used excessive force or wasn't in immediate danger.Our Defense: We present evidence of threats, prior violence by the alleged victim, and demonstrate that our client's actions were reasonable and necessary for protection.
Frequently Asked Questions
Frequently Asked Questions About Kansas City Domestic Violence Cases
Can domestic violence charges be dropped if the victim doesn't want to press charges?
No. Domestic violence charges are filed by the state, not the victim. Prosecutors can and often do proceed with cases even when alleged victims don't want to press charges. This is because domestic violence is considered a crime against the state, not just the individual. However, a victim's unwillingness to cooperate can make the prosecutor's case more difficult to prove.
What's the difference between domestic violence charges in Missouri vs. Kansas?
Missouri categorizes domestic assault into four degrees with varying penalties, while Kansas uses a three-strike system with escalating penalties for repeat offenses within five years. Missouri generally has harsher penalties for first-time offenses, but Kansas felony penalties can be severe for repeat offenders. Both states have mandatory arrest policies and similar definitions of domestic relationships.
Will I lose my gun rights if convicted of domestic violence?
Yes. Federal law prohibits anyone convicted of domestic violence from possessing firearms, regardless of whether the conviction was a misdemeanor or felony. This applies to law enforcement officers as well. The prohibition is permanent and cannot be expunged in most cases. Even pleading guilty to a reduced charge may still trigger federal firearm restrictions.
Can I see my children while domestic violence charges are pending?
This depends on the specific terms of your bond and any protective orders issued. Many domestic violence arrests result in no-contact orders that may include children if they live with the alleged victim. We work immediately to modify these orders when possible to allow supervised visitation or other contact arrangements that protect everyone involved.
How long do domestic violence cases take to resolve?
Domestic violence cases typically take 3-12 months to resolve, depending on complexity and court schedules. Simple misdemeanor cases may resolve faster through plea agreements, while felony cases or those going to trial take longer. Factors affecting timeline include evidence complexity, witness availability, and whether mental health or substance abuse evaluations are ordered.
What are possible defenses against domestic violence charges?
Common defenses include self-defense, defense of others, false allegations, lack of intent (accident), and insufficient evidence. We also challenge police procedures, witness credibility, and constitutional violations. Each case requires a customized defense strategy based on specific facts and evidence.
Should I take a plea deal or go to trial?
This decision depends on the strength of the evidence, potential penalties, and your personal circumstances. We thoroughly analyze all evidence, interview witnesses, and evaluate the prosecutor's case before advising whether to accept a plea offer or proceed to trial. Our goal is always achieving the best possible outcome for your specific situation.
Can domestic violence charges affect my immigration status?
Yes. Domestic violence convictions can have serious immigration consequences, including deportation for non-citizens. Even permanent residents can face removal proceedings for domestic violence convictions. We work closely with immigration attorneys when necessary to minimize immigration consequences while defending your criminal case.
Service Areas
Areas We Serve Throughout Kansas City and Surrounding Counties
Missouri Counties and Cities
Jackson County: Kansas City, Independence, Lee's Summit, Blue Springs, Raytown, Grandview, Sugar Creek
Clay County: Liberty, Gladstone, Excelsior Springs, Kearney, Smithville, North Kansas City
Platte County: Platte City, Parkville, Riverside, Weatherby Lake
Kansas Counties and Cities
Johnson County: Overland Park, Olathe, Shawnee, Lenexa, Leawood, Prairie Village, Mission, Merriam
Wyandotte County: Kansas City, Bonner Springs, Edwardsville
We provide comprehensive domestic violence defense services throughout the Kansas City metropolitan area, representing clients in municipal courts, county courts, and district courts across both Missouri and Kansas.
