What is Domestic Battery?

The law defines “domestic violence” as

An act or acts of violence or threatened act of violence or any crime or violation committed against a person or against property directed toward:

  • a person with whom the offender is involved or has been involved in a dating relationship; or
  • a family or household member by a family or household member.

A threatened act of violence can have a very wide range of meanings. One example of many would be if you were to get into an argument with your spouse and threw a Q-tip at them angrily this could actually be Domestic Violence.

Family or Household member defined by law:

  • Persons 18 years of age or older who are
  • Spouses and former spouses
  • Parents or stepparents
  • Children or stepchildren
  • Persons who are presently residing together or who have resided together in the past
  • Persons who have a child in common regardless of whether they have been married or who have lived together at any time

Dating relationship defined by las is a social relationship of a romantic nature.
Factors that decide if a dating relationship exist can include:

  • nature of the relationship;
  • length of time the relationship existed;
  • frequency of interaction between the parties; and,
  • amount of time since termination of the relationship, if applicable.

If you or a loved has been charged with Domestic Battery the consequences could be severe and life altering. Call Vincent Rivera to schedule a free consultation immediately at (913) 210-0844

Domestic Battery is a class B misdemeanor and the offender will sentenced no less than 48 hours consecutive but no more than 6 months jail time. The offender will be a minimum of $200 but no more than $500 and the court may decide to enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program.
if, within five years immediately of the first offense, an offender is convicted of domestic battery again he/she will be sentenced no less than 90 days but not more than one year of jail time. He/She will be fined a minimum of $500 but no more than $1,000. The offender shall serve at least five consecutive days imprisonment before the offender is granted probation, suspension or reduction of sentence or parole or is otherwise released. The 5 days imprisonment may be served through a work release program that requires he/she to return to confinment at the end of each day in the program.

As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections.

The offender shall be sentenced to a minimum 90 days but no more than one year’s imprisonment and fined a minimum $1,000 but not more than $7,500. The offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court or department of corrections.

The 90 days jail time may be served through a work release program but the offender is required to return to confinement at the end of each day of the program. The offender may only enter the work release program after 48 consecutive hours of jail time.

If the offender does not attend a domestic violence offender assessment conducted by a certified batterer intervention program or fails to follow all recommendations made by such program, the offender shall serve not less than 180 days nor more than one year’s imprisonment.

determining whether a conviction is a first, second, third or subsequent conviction

Conviction includes

  • being convicted of a violation of K.S.A. 21-3412a, prior to its repeal, this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section
  • being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;

If you or a loved has been charged with Domestic Battery the consequences could be severe and life altering. Call Vincent Rivera to schedule a free consultation immediately at (913) 210-0844

Rivera Law, LLC
115 E. Park St, Suite C
Olathe, Kansas, KS 66061
(913) 210-0844

Vincent Rivera specializes in Criminal Defense, Felony, Domestic Violence and Assault & Battery.

Rivera Law, LLC represents clients in Johnson County and Wyandotte County, Kansas including cities of Olathe, Overland Park, Leavenworth and Douglas.