Monthly Archives: July 2021

How does domestic violence affect the victim?

woman avoiding abuse

The different kinds of abuse

There are different types of violence in our world today, but among them, domestic violence may be the most damaging. What are the 5 types of violence? Within domestic violence, the 5 types of violence include: 

  • Physical Abuse: Included along with biting, grabbing, hair pulling, hitting, pinching, shoving, and slapping, the denial of allowing somebody to get medical care or forcing alcohol or drugs upon a person falls into this category. 
  • Sexual Abuse:  Attempt to or accomplish coercing sexual behavior or contact without the other person’s consent. This can include marital rape, attack the sexual parts of a person’s body, forced sex after physical violence, sexually demeaning treatment.
  • Emotional Abuse: Undercutting and undermining another person’s self-worth, self-esteem. This type of treatment includes constant criticism, diminishing a person’s abilities, name-calling, or damaging another person’s relationship with their children or family members.
  • Economic Abuse: The attempt to or action of controlling another person’s  financial dependency  by withholding  them from accessing their own money or forbidding the to attend school or work. 
  • Psychological Abuse: Causing a person fear by intimidation; threatening to physically harm another person, their children, or other family, friends or self;  destroying pets and property; forced isolation from family, friends, or anyone outside of the home such as attending  school or work.

Domestic violence can lead those afflicted and involved to be a part of other violent acts and continue the act of domestic violence. Until somebody within the circle steps out of that circle, or another person steps in, the circle will keep spinning.

Is domestic violence punishable?

Yes, in the State of Kansas, Domestic violence punishment is as follows 

Class B misdemeanor:  A minimum of 48 hours to a maximum of 6 months behind bars with a maximum fine of $500. Attendance in an intervention program may be required. 

If a prior conviction within 5 years exist for domestic battery, a new domestic violence charge becomes a Class A misdemeanor. Penalty can range with jail time between ninety days to twelve months with a fine up to $1,000. Possible probation with required attendance of batterer assessment. 

Is a domestic violence conviction a felony?

Yes, with a third or subsequent domestic violence convictions, the charge becomes a felony with a minimum of ninety days and a maximum of 1 year in jail along with a fine up to $7,500. There is no parole, probation, or suspended sentencing. A possible work release may be granted after convicted has completed domestic violence counseling. 

Is there domestic violence bail?

Yes, but only after a ‘cooling off’ time will bail be set by the judge, meaning the person arrested for domestic violence will be held in a cell for a period of time. The cooling off period is determined by each municipality and is usually determined by the circumstances leading to the arrest. 

How serious is a domestic violence charge?        

A domestic violence charges has three major collateral consequences: 

Living Arrangements: There are three ways a domestic violence conviction can affect where a defendant lives: 

  • Denied and forbidden to live in current home if accuser lives in the same residence. 
  • Landlord may refuse rental because of domestic violence conviction.
  • Deportation and citizenship denial. 

Employment: A domestic violence conviction can hinder current employment and opportunities for promotion. Background checks can lead to denied employment, especially certain fields that require interacting with children or women such as law enforcement, medical care, etc. 

Other Consequences: A domestic conviction can lead to a protection order for contact with the accuser. A violation of a protection order can result in jail time, fines, and probation, even if the accuser tries to contact the defendant.

Defendant is required to surrender all firearms to law enforcement and future ownership of firearms may be forbidden, including hunting and target range shooting. 

How many years do you get for domestic violence?

A minimum of 6 month and a maximum of one year in most cases.  The circumstances leading to the arrest and any prior domestic violence history can have an impact on the sentencing. 

arrested

How do most domestic violence cases end?

For a first time offender with no prior criminal history will get the lightest sentencing and required to attend a domestic violence program. Being arrested on any charge can be confusing and stressful, hiring a criminal attorney with a specialty in domestic violence is recommended. 

For the accuser and victim, domestic violence can damage their ability to trust again. Many will stay in the relationship or find solace in another that leads to domestic violence. These are situations that the abused person should seek guidance and counsel as well. Finding out why they allow themselves to be subjected to this type of behavior is key in getting out of the domestic violence pattern. Call 866-830-2663 today for your bail bonds needs in Wichita, KS.