Domestic violence is a serious issue in Missouri and across the country. Knowing how the law defines domestic violence is a critical part of deciding how to proceed with charges.
Finding a good criminal defense attorney is your first step. A trained and experienced lawyer can describe how charges against you fit into the legal system. From there, a defense can be constructed.
What You Need to Know About Domestic Violence Charges
Domestic violence is defined broadly by Missouri law. It does not always involve physical violence but it is limited to people who have a specific relationship. Types of domestic violence include:
- Physical harm
- Threats that cause the victim to fear harm
- Emotional abuse or coercion
- Stalking or harassment
- Isolating a partner to prevent contact with others
The relationship between the abuser and victim is specific for domestic violence, such as:
- A spouse or ex-spouse
- People who dated
- People who have a child together
- Related to the victim by blood or marriage
- People who live or have lived in the same home
Victim protection. The victim may ask law enforcement for an order of protection or restraining order. When permitted by the court, an order of protection provides:
- An immediate order from the court to stop the behavior
- A prohibition against contacting the victim
- An order blocking the alleged abuser from visiting the victim’s home or place of work
- Temporary custody of pets involved
An order of protection is usually granted immediately, but is temporary. This means the judge or magistrate who receives the petition provides a 15 day order, at which time a brief hearing is scheduled to decide whether to extend it. If the order is violated, police may rearrest the accused and escalate or add charges.
At the follow-up hearing, the victim must appear to testify and bring evidence or witnesses if seeking an extension of the protection order. The defendant must appear as well or it’s likely the order will be automatically extended. Judges can approve protection orders for as many as five years.
Severity of charges. The prosecutor determines the level of domestic assault that the alleged abuser is charged with. The decision is based on the severity of the abuse as well as factors such as their previous criminal record. Degrees of severity are determined as follows:
- Felony first-degree domestic assault. This includes attempted murder or knowingly causing serious injury. These are categorized as Class A or Clas B felony, depending upon the injury.
- Felony second-degree domestic assault. This involves an injury caused by a weapon or choking.
- Felony third-degree domestic assault. This is a physical injury or causing a person to fear they will be harmed.
- Felony fourth-degree domestic assault. Less-severe injuries result from this level of assault or offensive contact. It can also be categorized as a Class A misdemeanor. Felony-level charges are most often reserved for repeat offenders.
Felony convictions can have life-altering consequences such as deportation, restrictions on gun ownership, restrictions on living in public housing, and complications for employment.
Understanding Your Legal Rights.
Missouri and other states take domestic violence very seriously. At times, they prosecute cases of domestic abuse even if the victim refuses to participate. Law enforcement and the courts are required to balance protecting victims with preserving the rights of the accused. This can lead to a confusing situation for the accused, who may be ordered to leave their home and have no contact with the victim until the court sorts out the situation.
Trusted Advice from a Seasoned Attorney
If you’re facing domestic violence charges in St. Louis, you want an experienced criminal defense attorney from Mueller Law Group advising you. A trusted attorney knows the ins and outs of working with the prosecutor to reduce charges, if possible, and how to present the best possible defense.