Domestic Violence Attorney Kansas City

Fighting for Victims of Domestic Violence in Missouri

It is estimated that nearly 42% of women and 35% of men in the state of Missouri have experienced violence at the hands of an intimate partner, or will experience it at some point in their lifetime (National Coalition Against Domestic Violence, 2020). These statistics, while tragic, also point to a serious problem. 

Our team at Pingel Family Law is here to fight for the rights and legal protection of victims of domestic abuse. Legal action against a perpetrator of domestic violence may be possible if a person has reasonable cause to believe that they are in imminent danger and the court agrees that an immediate and present danger exists. Our experienced attorneys guide you through the complex legal process, offering necessary support every step of the way, ensuring the protection of your rights under Missouri law. 

Contact our reliable domestic violence attorney in Kansas City at (816) 208-8130 to schedule a confidential consultation.

On This Page:

• What Is Domestic Violence?
• Is Domestic Violence Punishable By Law?
• How Does An Order of Protection Work in Missouri?
• What Is An Ex Parte Order of Protection?
• Domestic Violence FAQ
• You Are Not Alone!

Under Missouri and most state laws, domestic violence is a crime that takes place between individuals who live and/or have a child together, such as partners, spouses, ex-spouses, relatives, caregivers, and even roommates.

Domestic violence (DV) is a serious issue that goes far beyond an argument, discipline, or typical marital bickering. DV is a form of physical and/or mental abuse used as a means to control or intimidate the victim, and it is illegal. Contrary to popular belief, domestic violence can be perpetrated or experienced by a person of any gender, class, or background. Recognizing the signs of domestic violence early can be crucial. This includes unexplained injuries, frequent absence from work or social gatherings, and low self-esteem. Early intervention can prevent further harm and help individuals regain control of their lives.

Examples of Domestic Violence

An act of domestic violence may include:

• Financial abuse (controlling or restricting access to money)
• Isolating someone from their friends and family
• Kidnapping or false imprisonment
• Physical assault or battery
• Sexual assault or battery
• Stalking or monitoring communication
• Verbal abuse (blame, coercion, threats)
• Withholding medical help or assistive devices

If you or a loved one is experiencing domestic violence, you can visit the National Domestic Violence Hotline website for immediate help. Our domestic violence attorney in Kansas City is also available to discuss how you can proactively protect yourself and your loved ones from further harm. Contact us at (816) 208-8130.

Yes. Perpetrators of domestic violence may face anywhere from 1 year in prison to a life sentence, depending on the severity of the abuse as determined by a court. Repeat offenders are likely to face heavier sentences. Perpetrators may also face steep fines on top of their jail time. Legal consequences are designed not only to punish the offender but also to serve as a deterrent for future offenses. The presence of strict laws highlights the seriousness with which Missouri treats domestic violence cases, underlining the importance of pursuing legal protection if you are at risk.

What is the Role of Courts in Domestic Violence Cases?

Kansas City has its own designated Domestic Violence Court (DVC), which offers the following services to victims of domestic violence:

• Victim advocates who may accompany you to court
• Offender surveillance and accountability programs

The court will also be responsible for trying your case and upholding and enforcing any punishments the offender faces following a criminal conviction. A unique aspect of Kansas City's approach is its holistic perspective, offering continuous monitoring and support services that go beyond the courtroom to help victims rebuild their lives and regain independence in a safe environment.

An Order of Protection prohibits the offender from continuing in their abuse of the victim. It can also prohibit abusers from communicating with, threatening, or stalking their victims. In some cases, offenders may also be required to surrender firearms and attend an intervention program for substance abuse. The order is comprehensive and aims to provide immediate and long-term safety to individuals at risk. These measures underscore the importance of strict legal frameworks in safeguarding victims and preventing further violence.

How to Get an Order of Protection in Missouri?

To get a domestic violence protection order, you will need to file the proper paperwork with the court. If you live in Kansas City or elsewhere in Jackson County, you will need to file for an Order of Protection with the 16th Circuit Court. This can be done online or in person at the courthouse.

In emergencies, you should go directly to the police department and file a petition for an order of protection in person. The police can provide you with immediate assistance and facilitate the process of obtaining a temporary protection order to ensure your safety while the legal process unfolds.

If you are concerned for the safety of your child and they have been victims of domestic violence, you may also file a Child Order of Protection on their behalf in the same manner. Child Orders of Protection are crucial for safeguarding young ones from abusive environments and ensuring they have the safe, nurturing care they deserve.

In some cases, you may need to get an immediate Order of Protection for your safety or your children’s safety. In instances like this, you may be able to get an “Ex Parte” Order of Protection. This is an emergency order that lasts for about 15 days and is intended to protect the victim and keep their abuser away until a hearing can be held on the matter. Our domestic violence attorneys in Kansas City are here to help you during this scary time and can help you through the process.

Ex Parte Orders are critical during the initial stages of seeking protection, as they offer immediate relief and security. They emphasize the courts' recognition of the urgent nature of intimate partner violence and empower victims to take control of their safety without delay.

What Happens After an Ex Parte Order?

This is how an Ex Parte Order works in Missouri: 

• Once the Ex Parte Order of Protection has been signed, a police officer will serve the order to your abuser. 
• You can ask to be notified when the order has been served. The order will go into effect immediately. 
• A hearing will then be scheduled within 15 days of the initial filing date. At the Ex Parte hearing, you will be required to appear and bring any witnesses or evidence needed to prove your need for a full Order of Protection. 

Failure to attend the hearing means your petition will be dismissed. Within those 15 days, it is vital to prepare your case thoroughly, gathering all necessary documentation and evidence to strengthen your position during the hearing.

Is There a Statute of Limitations on Domestic Violence Claims in Missouri?

This is a complex topic, as certain forms of violence may have a statute of limitations, while other forms of intimate partner violence have no time limit on how long you can file a lawsuit. If you’re worried that it may be too late to pursue domestic violence charges, you can contact our domestic violence lawyers in Kansas City today! Understanding your rights and the timelines applicable can be a daunting task, but our dedicated team can help navigate these legal intricacies, ensuring you take timely actions to protect your interests.

Is a Protection Order the Same as a Restraining Order?

No. The primary difference between a restraining order and an Order of Protection is that a violation of a protective order can result in the perpetrator facing criminal charges. It is important to understand that while both offer security, the enforcement and legal implications of a protection order are typically more rigorous, offering a stronger legal standing for victims.

Are Protective Orders Valid in Other States?

Yes! If you have obtained a full Order of Protection, this order should be upheld in every state, not just the state where you obtained the order. This universal validity of protective orders underscores the commitment at a national level to prioritize the safety and security of domestic violence victims, ensuring they have protection wherever they go.

How Long Does an Order of Protection Last in Missouri?

This will depend on the specific details of your order. Some protective orders automatically renew, while others will need to be renewed by submitting a renewal request. Some orders may have an expiration date, which will require you to apply for a protective order renewal. It is crucial to stay informed about the status of your order to ensure continuous protection. Keep in steady communication with legal aid resources to facilitate any necessary renewal processes.

What Services Are Available for Domestic Violence Victims in Kansas City?

Kansas City offers a range of services for domestic violence victims to help them regain control and ensure their safety. Organizations such as Hope House and Rose Brooks Center provide emergency shelter, support groups, and counseling designed to support victims through recovery. Hope House also extends legal advocacy and court accompaniment, aiding victims in navigating complex legal matters. Rose Brooks Center emphasizes not just immediate safety but also long-term stability through education and housing assistance. These organizations play a pivotal role in community outreach, aiming to raise awareness and prevent domestic violence at a local level. Utilizing these local resources can be instrumental in ensuring comprehensive support during such critical times.

How Does Pingel Family Law Approach Domestic Violence Cases?

At Pingel Family Law, we offer a compassionate yet assertive approach to domestic violence cases. Our priority is to ensure the safety and well-being of our clients, offering personalized legal representation tailored to the unique dynamics of each situation. We recognize the emotional and psychological toll these matters can take and advocate fiercely to protect our clients' rights. Our approach includes a thorough understanding of local laws, continual communication to address concerns promptly, and supportive guidance through each stage of the legal process. By aligning legal strategies with personal circumstances, we strive to secure the best possible outcome for those affected by domestic violence.

What Steps Should I Take if I Am Experiencing Domestic Violence?

If you are in a situation involving domestic violence, your safety is the top priority. First and foremost, seek a safe space away from the abuser. This may mean physically leaving the location or contacting local authorities for immediate assistance. Document any evidence of abuse, including photos, messages, and witness accounts, which can be crucial for legal proceedings. Reach out to trusted friends or family members for support. Contacting a domestic violence hotline can provide additional guidance and resources tailored to your situation. Once safe, consult with a qualified domestic violence attorney to understand your legal rights and options for securing protection orders or other necessary legal documentation. Being informed and supported empowers you to take necessary actions toward safety and justice.

What Is the Importance of a Safety Plan for Domestic Violence Victims?

Safety planning is an essential step for anyone experiencing domestic violence. A safety plan involves creating a detailed strategy for safely exiting a dangerous environment, recognizing warning signs, and setting up communication with trusted individuals for emergencies. This can include memorizing important contact numbers, securing legal documents, and having a small emergency bag ready with essentials. The plan might also extend to online safety measures, ensuring digital footprints are secure from potential abusers. Working with local support organizations can refine this process, providing a structured approach tailored to personal and familial circumstances. A well-thought-out safety plan can serve as an empowering tool, offering peace of mind and clear steps to take when facing unpredictable or escalating situations.

Pingel Family Law is here to help you through this difficult time. You don’t have to navigate the legal process alone. If you need help filing for an Order of Protection, an Ex Parte Order, or in pursuing criminal charges against your abuser, call (816) 208-8130 today! Our dedicated team stands prepared to provide the support and legal aid you require during these challenging times, reinforcing your safety and rights.

Call (816) 208-8130 or contact us online. Let our Kansas City domestic violence attorneys fight for you and help reclaim your peace of mind.