Domestic Violence Laws and Penalties in Kansas

Domestic violence is a wide-ranging and often misinterpreted term that includes many different types of errant behavior—but always in a domestic setting.

Surprisingly for many people, domestic violence need not involve physical injury to result in an arrest and charge—although it frequently does. Simply threatening someone in the household or a dating partner can lead to a domestic violence charge, such as assault.

Let us take a closer look at domestic violence in Kansas—what it means, its various types, and what the main penalties are.

In Kansas, domestic violence comes in many forms. The term is defined in the Kansas Statutes and used frequently to refer to a range of offenses committed in a domestic setting. However, the term may or may not be used in court by prosecutors depending on the circumstances of the case.

Kansas criminal statute § 21-5111 states the following definition:

“Domestic violence” means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. “Domestic violence” also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member.”

Domestic violence, therefore, may include physical contact, such as hitting, kicking, punching, or shoving, or the threat of physical violence against the person or property of another family member, household member or person involved in an intimate relationship with the defendant.

Typical domestic violence and related offenses in Kansas include battery, assault, stalking, and protection order violations. Domestic assault charges can be laid with no direct physical contact necessary.

Statute § 21-5111 further defines domestic relationships as:

• Dating relationships, which refer to a social relationship of a romantic nature.
• Relationships with family and household members, who are individuals who share one of the following types of relationship with the defendant:
  • A current or former spouse
  • Parents of the same child
  • Current or former co-residents
  • Parents or stepparents and children or stepchildren
  • Pregnant women and the alleged fathers

What is domestic battery in Kansas?

Domestic battery is the crime that most people think of as domestic violence—because it involves physical contact and injury.

With a domestic battery offense in Kansas, the offender knowingly or recklessly causes bodily harm to a family or household member or current or former dating partner.

Aggravated domestic battery is a more serious version of the same offense: a defendant knowingly impedes a victim’s normal breathing or circulation of blood by blocking their nose or mouth or applying pressure on their throat, neck, or chest.

Domestic violence penalties in Kansas are severe—even for a first offense—and may be treated as felonies, in some cases.

A first domestic battery offense is usually prosecuted as a Class B person misdemeanor. This is punishable by a minimum of 48 hours (and a maximum of six months) in jail, with a fine of up to $1,000.

People convicted of domestic violence crimes may also be required to complete batterer intervention programs or complete domestic violence counseling. The judge can also order a defendant to pay restitution to the victim for any hospital bills, counseling, property damage or other losses.

The resulting criminal record for the offense can also have far-reaching implications for a person’s future, negatively impacting employment, immigration status, travel—or any other situation where a criminal background check may be required.

Aggravated domestic battery (where the breath or blood circulation is impacted) is a severity level 7-person felony, punishable by 11-34 months in prison and a fine of up to $100,000.

Domestic battery repeat offenders incur harsher penalties than the first-time penalties outlined above—with felony charges possible under certain circumstances:

• A second domestic battery conviction within five years of a prior offense: Class A person misdemeanor. This is punishable by 90 days to one year in jail and a fine of up to $2,500.
• A third or subsequent domestic battery conviction within five years of a prior offense: a felony punishable by 90 days to one year in prison and a fine of up to $7,500.

Besides domestic battery, severe penalties are handed down for other domestic violence-related offenses in Kansas.

If a law enforcement officer in Kansas determines that probable cause exists to believe a domestic violence crime of any severity has occurred, the alleged offender must be arrested according to state law. All that is required is “probable cause;” there is no need to witness the alleged unlawful conduct,

If you have been arrested and charged with domestic violence in Topeka, speak to a criminal defense lawyer at ITR Law during a free case evaluation. We can advise you of your legal options and advise you how best to proceed.