Domestic Violence Attorney in Olathe

Clear advice. Hard defense. Local experience.

A domestic violence charge can put your home, reputation, gun rights, and future at risk—fast. At Duma Law Offices, we give you practical guidance, straight answers, and a defense strategy built for Johnson County courts.

Call (913) 782-7072  or use our contact form for a free consultation with a domestic violence lawyer in Olathe.

Kansas Domestic Violence Charges—What They Really Mean

Domestic Battery (K.S.A. 21-5414).

Prosecutors don’t need an injury to file a case. The statute covers both (1) knowingly or recklessly causing bodily harm and (2) any physical contact done in a rude, insulting, or angry manner against a qualifying family/household member or dating partner.

Aggravated Domestic Battery (Strangulation).

Knowingly impeding breathing or circulation (pressure to the throat/neck/chest or blocking the nose/mouth) elevates the case to a severity level 7 person felony.

Who counts as a "family or household member."

Spouses or former spouses; parents/stepparents and children/stepchildren; persons who live(d) together; people with a child in common; and a pregnant woman with the alleged father. Dating relationships are defined as romantic.

Penalties & "Mandatory" Time (How It Actually Works)

Kansas ramps penalties within five years and treats diversions as priors for sentencing:

• 1st offense (Class B person misdemeanor): Court must impose 48 hours to 6 months and a $200–$500 fine. Courts often suspend custody time and order a certified batterer assessment/program.
• 2nd offense within 5 years (Class A person misdemeanor): 90 days to 12 months and $500–$1,000; you must serve at least five consecutive days before any probation.
• 3rd or subsequent within 5 years (Person felony): 90 days to 12 months and $1,000–$7,500; not eligible for probation or release until 90 days are served (180 days if you don’t complete the ordered program).
• Diversion realities: a diversion or deferred judgment counts as a prior for future sentencing, and you can enter DV diversion only twice in any five‑year period.
• Firearms: a qualifying misdemeanor DV conviction triggers the federal lifetime firearms disability; certain protective orders can also trigger a temporary federal ban.

What to Expect in Olathe: Arrests, No‑Contact Orders & PFAs

• Mandatory‑arrest policy: if officers find probable cause in a DV call, arrest is expected without undue delay (unless the conduct was lawful self‑defense).
• Initial appearance & no‑contact: judges commonly impose no‑contact and other bond conditions. Violations can lead to new charges and worse outcomes.
• Protection‑From‑Abuse (PFA) cases move fast: courts may issue temporary orders ex parte and hold a final hearing within 21 days. Orders can touch custody, residence, and support—respond immediately.
• “Can the victim drop the charges?” No. Once filed, the case belongs to the State of Kansas. The Johnson County District Attorney decides whether to proceed, even if the complaining witness recants.

Defenses That Win Cases (and Negotiations)

• Self‑defense: Kansas has no duty to retreat. If you reasonably believed force was necessary to stop someone’s imminent unlawful force, that can be a complete defense.
• Probable cause & credibility attacks: we mine 911 calls, body‑cam, and reports for inconsistencies and bias; we challenge unlawful entries and intoxication‑based “rude/insulting” contact theories that lack intent.
• Intent & contact: in no‑injury cases, the State still must prove rude/insulting/angry intent. Accidental or incidental contact isn’t enough.
• Outcomes that protect your record and rights: dismissals, diversion, or amendments to non‑DV charges when appropriate to avoid firearms disability and control sentencing exposure.

Why Duma Law Offices

• Former prosecutors: We know how Olathe PD and the Johnson County DA build these cases and where they break.
• Trial‑ready approach: we prepare as if we’re trying the case—because that’s how you earn leverage.
• Straight talk & steady updates: no sugar‑coating, no surprises.
• Local knowledge: regular appearances before Johnson County judges mean realistic strategy, not wishful thinking.

What We’ll Do—Step by Step

1. Stabilize the situation: push for bond, narrow overbroad no‑contact terms, and prevent casual violations.
2. Own the record early: preserve 911 audio/body‑cam, scene photos, and messages before they vanish.
3. Defense mapping: self‑defense, intent, and credibility themes tied to the specific judge and division.
4. Two‑track strategy: manage the criminal case and any PFA in parallel so one doesn’t torpedo the other.
5. Resolution or trial: diversion/amendment if it truly protects you—or a trial if it doesn’t.

FAQs

What happens right after a DV arrest in Olathe?

You’ll be booked and see a judge quickly. Expect no‑contact and other bond conditions; some cases include a 72‑hour no‑contact. Do not contact the complaining witness—violations are new crimes and hurt your defense.

Can the alleged victim drop charges?

No. Only the prosecutor can dismiss a criminal case in Kansas.

What penalties am I facing?

1st offense: Class B misdemeanor, 48 hours–6 months plus fine (often suspended with mandatory assessment). 2nd: Class A misdemeanor, 90 days–12 months, 5 days minimum served. 3rd+: Person felony, 90 days–12 months, 90‑day minimum served; 180 days if you don’t complete the ordered program.

Will this affect my gun rights?

A qualifying misdemeanor DV conviction generally triggers a lifetime federal ban on possessing firearms; certain protective orders can also cause a temporary federal ban.

Will this show up on background checks?

Arrests and convictions typically show up. Depending on the outcome and Kansas expungement law, some records can be sealed later—ask us about timing and eligibility for your case.