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Nationwide, and in Kansas, domestic battery (often called domestic violence) is meant not only to hold the accused accountable but, also to provide alleged victims safe space from their abusers. Further, the alleged victim in now a State's witness against you. Therefore, if you are charged with a domestic battery (or similar charge) there will be an automatic "no contact order" put in place. Below you will find answers to frequently asked questions related to these Orders:
1. Can the alleged victim "drop" the charges and/or allow contact? No. The case becomes You vs. Kansas. The alleged victim doesn't have independent power to stop criminal prosecution nor can they lawfully give you permission to make contact. 2. What happens if you do get, or already have been, in contact with the alleged victim? The alleged victim cannot violate by making contact, so long as they do not have restraint too. However, should you fail to follow the judge's orders, you can face additional charges (ex. violation of a protection order, witness tampering, contempt, etc.) and bond revocation. Further, failing to abide by an order can be used against you later in bond hearings, plea agreements, sentencing, future allegations, family court, DCF investigations, etc.. 3. Can another person make contact with the alleged victim for me? No. This is called third party contact and is equally unlawful. The third party is also risking criminal charges if they do make contact on your behalf. 4. How can you see your children or get your property? Absent the judge's permission you cannot make contact with the alleged victim for any reason. That means you will have to make oral or written argument for cause, and directions, for safe contact. It is possible for the Kansas judge to give you limited, short-term, conditional, minimal and/or deny your request for contact. 5. Will the alleged victim's appearance in court help? Sometimes. The Court, and the prosecutor, can consider the input of anyone they see fit. However, in Kansas domestic battery cases, it is ultimately up to the judge to decided what will be permitted. 6. How can you get the Court to lift the protection order? Understand that the Kansas prosecutor (District Attorney) has a great deal of power in these circumstances. That is because they will have reviewed your bond screening, the arresting documents, and likely will have spoken to the alleged victim. Their recommendations usually are followed by the Court. Your defense attorney will have to be prepared for oral argument, based on your unique circumstances, that provides case law and rationale, to support going against what is automatically written into the criminal law statute. 7. What if no-one tells the court about communication between you? If you are in any Kansas jail/prison, your calls are recorded and those can later be used against you. Once you are outside of custody it is possible that the Court will never get wind of your contact. Assuming that protects you is a flawed position to take. Be warned that many do get caught. How, you may wonder? Some examples include: (a) The alleged victim later turns on you (this is the most common); (b) You are charged with new crimes involving the same person(s); (c) During a traffic stop you are found with the alleged victim; (d) Someone else tells the Court, etc.. It is better to seek the Court's permission than think you can beat the system. 8. When will the no contact orders end? Unless the Court finds otherwise, the Order will not end until the case is closed (by way of sentencing, dismissal, acquittal or completion of probation). You will want to pay close attention to all terms of any plea, Diversion, probation and sentencing documents that address contact with any and all named in your criminal case. 9. Will this mean you have no contact with your child(ren) until the criminal case is over? Possibly. It is not uncommon for those involved in a divorce, or child custody matters, to suddenly be charged with a domestic battery or aggravated domestic battery. A no contact order will certainly include the child(ren) even they were alleged victims, witnessed the abuse and/or threats were directed/included them. Additionally, if the criminal court or family court (likely through the GAL or DCF) find just cause, even if the your kid(s) were not present or alleged victims, you may be restricted, or limited, in your contact with them. 10. Are PFAs and a No Contact Orders the same? Kinda. Both serve the same purpose - restrict contact. The difference is a PFA is a Kansas civil matter, temporary orders are generally automatically granted, but you have a chance to object to a long-term protection order. If neither of you appear at the permanency hearing the PFA expires. Also, a person can request/drop a PFA with permission from the Kansas civil court. On the other hand, any no contact orders associated with allegations of a domestic battery (or other violent crimes) cannot be dropped by those involved and do not expire until and unless the criminal court decides so. Hopefully you found answers to you questions in this blog. Should you have additional questions about your Kansas criminal case or protection orders call TODAY (913) 602-7288.
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Being charged with a sex crime does sometimes come with an expiration date of when you can be prosecuted. This is called the statute of limitations. However, in many Kansas sex crimes (and several other felonies) you can be charged many years later, and in some instances you could be facing criminal charges indefinitely. In fact, effective July 2023, Senate Bill 317 expanded the statute of limitation on "child sex abuse" charges. This allows the Kansas prosecutor to charge you any time, no matter how old the case is. Here is an outline of what to expect:
No Statute of Limitations: Rape Aggravated Criminal Sodomy No Statue of Limitations (if alleged victim was under 18 years old): Indecent Liberties with a Child Aggravated Indecent Liberties with a Child Criminal Sodomy Aggravated Criminal Sodomy Enticement of a Child Indecent Solicitation of a Child Aggravated Indecent Solicitation of a Child Sexual Exploitation of a Child Aggravated Sexual Exploitation of a Child Aggravated Sexual Battery Aggravated Incest Kansas Human Trafficking and Aggravated Internet Trading of Child Pornography Aggravated Internet Trading of Child Pornography Commercial Sexual Exploitation of a Child 10 Years Statute of Limitations (when alleged victim is 18 years old or older): Criminal Sodomy Aggravated Sexual Battery Aggravated Incest Human Trafficking 5 Years Statute of Limitations: Sexual Battery Unlawful Voluntary Sexual Relations Electronic Solicitation Unlawful Sexual Relations Incest If any of the following apply to the allegations against you, the clock has not started counting for the statute of limitations:
Remember: Criminal charges are separate from DCF (Kansas protective services investigations) and civil law suits. All should be taken seriously, especially since all agencies will share information. You have questions about your unique circumstances. Call (913) 602-7288, today, for a free consultation. Payment plans are available. Prior blogs have discussed that during divorces and/or child custody matters allegations of domestic violence often become part of the case. Here are some things you can do to protect yourself under those circumstances:
1. Child custody and divorce are civil matters; however, if there is a basis for it, the Court hearing your case can, on it's own, report your circumstances to DCF and/or law enforcement. You shouldn't talk to anyone about those allegations without legal advice; 2. Avoid, without counsel, addressing the factual basis of allegations in open court. What you say in one court can (and will) be used against you in another court; 3. If you have had prior convictions for child abuse, domestic violence, criminal threat, etc. that does not mean you cannot be a good parent now. However, sex crimes are more complex to to address in these cases. Take steps to make sure you are moving in the best interest of your child(ren) and yourself. That is the guiding light in a Kansas child custody case; 4. Should there be no children involved, you need not admit to any acts of violence, to be willing to agree to no contact with your ex; 5. Ask to communicate through a court assigned communication application only. That will provide you with a record of your conversations and help you avoid he-said-she-said arguments; 6. Limit your solo interaction with your ex. That may mean meeting in an agreed upon Kansas public location, or asking for someone to be preset (as a witness) at all times. Some even meet at the police station; 7. Where there is an active criminal case, expect that your child custody may not resolve until that matter is closed. It is important that you are careful about how you resolve Kansas, or any state, crimes of violence during a divorce. This includes seeking legal counsel before you agree to a Diversion, plea or probation; 8. Take care of yourself. If your mental, physical, emotional, psychological, social or financial health is suffering (and that is contributing to shifts in your behavior) address those immediately. You need not tell the Court you are struggling to share that you, independent of court intervention, are improving; 9. Get sober. If addiction, or abuse of substances, is something that your ex will bring up in court (or you know needs resolve) get help today. Domestic violence and substances oftentimes go hand-in-hand. You will be a better person, if this a struggle of yours, no matter what the outcome of the case is; 10. Generally, if allegations are related to past experiences a Guardian ad Litem will be assigned to your child(ren) and the court may order other intervention (psychological examination, parenting classes, case manager, etc.). You can preemptively take classes, begin seeing a therapist, etc.. That way you are on the offense not the defense if allegations about prior bad act are going to come up; 11. Respond and contest all requests for PFA (Protection from Abuse). Remember, what you say in an Answer to a PFA, or during that hearing, can be considered in divorce court. Temporary orders may occur but you should plan to object at the hearing to determine if Kansas has cause to put long-term orders in place. Don't forget, a PFA will show in your background check and can impact your job, license, insurance, etc. not just your contact with your ex and/or children. Note: If you have reason to believe that your ex is abusing the court system to interfere with your custody/visitation, or cause you other harm, you need legal counsel NOW! This office often encourages clients to acknowledge their past, address their present issues (or allegations), and take action towards the future. If you do that you will set yourself up for greater success, even if domestic violence was an issue and/or there are new allegations. Finally, you need an attorney to help provide you with guidance and lessen emotional response to Kansas legal processes. If you have questions about your circumstances call today for your free consultation (913)602-7288. This office offers payment plans too. |
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