Understanding Domestic Violence and the Role of a Criminal Defense Lawyer
Domestic violence cases are often far more intricate than they initially appear. Situations where both parties accuse the other of aggression – commonly known as “he said, she said” scenarios – can be emotionally charged, confusing, and challenging for all involved, including law enforcement. At McConnell Law Firm, our experienced criminal defense lawyers in Wichita, Kansas, understand these complexities and are dedicated to protecting your rights.
What Kansas Law Says About Domestic Violence
When law enforcement responds to a domestic disturbance, they operate within a specific legal framework. Kansas law, specifically K.S.A § 21-5111(i), defines domestic violence as:
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 against a family or household member.
Importantly, this definition extends beyond physical acts. It encompasses other crimes and municipal ordinance violations directed at a qualifying partner, family member, or household member. Visible injuries aren’t always necessary for an incident to be considered domestic violence. Therefore, officers often encounter conflicting accounts, heightened emotions, and limited independent evidence.
The Challenge of Mutual Abuse
Mutual abuse arises when both individuals in a domestic dispute claim the other was the aggressor. This can manifest with visible injuries on both sides, or with each party offering a different version of events without obvious physical harm. It’s crucial to understand that mutual accusations don’t automatically lead to arrests for both individuals.
Kansas law and agency policies require officers to independently evaluate each complaint, determining if probable cause exists for a criminal offense and whether any alleged conduct constitutes lawful self-defense. Sometimes, only one person is arrested. Other times, dual arrests occur. These decisions are highly fact-specific, based on observations, documentation, and on-scene assessments.
How Criminal Investigations Unfold
When responding to a domestic violence call with conflicting accounts, police typically consider factors such as:
- Witness statements
- Evidence of injuries
- The scene’s condition
- Prior history of domestic disturbances
Kansas agency policies generally mandate an arrest when probable cause exists for a domestic violence offense, unless the conduct was lawful self-defense. These determinations are made quickly, often under stress. However, the decision to formally file criminal charges rests with the prosecutor, not the alleged victim. In “he said, she said” cases, prosecutors heavily rely on initial police reports, photographs, body-camera footage, and statements taken at the scene. You can find more information about domestic violence resources at the National Domestic Violence Hotline.
Why You Need a Wichita Criminal Defense Lawyer
If you’re involved in a domestic violence investigation, especially one involving mutual accusations, seeking legal advice immediately is critical. Consulting with a Wichita criminal defense lawyer before making statements or attempting self-resolution can safeguard your rights. An experienced attorney can:
- Review the investigation’s conduct
- Assess whether probable cause existed
- Ensure your account is accurately presented
Early legal guidance can potentially prevent charges from being filed or minimize the situation’s long-term impact.
Facing Accusations? Contact Us Today.
If you’re facing domestic violence charges, contact the McConnell Law Firm as soon as possible. While every case is unique, having a skilled attorney by your side from the beginning is always in your best interest. Request a free consultation by calling us at (316) 243-5903.
Disclaimer: Laws are not always intuitive, and even well-meaning individuals can find themselves facing criminal charges.
