Do you need a domestic violence lawyer in Springfield?

Domestic violence can take many forms. In Missouri, adult abuse can include assault, battery, coercion, harassment, sexual assault, unlawful imprisonment and stalking. Charges of domestic violence in the Springfield area — whether emotional or physical — can carry very stiff penalties.

Because of the dynamics involved, domestic assaults are some of the hardest cases we handle at MRD Lawyers.

Domestic assault is, by its very definition, family or family relations. It is much more complicated than a police officer showing up and taking a report. It goes deeper than that. So when we get involved in a domestic assault case, we’re looking at how we can help.

We’re going to deal with the court case, that’s important. But we don’t want you back in our offices with the same thing. If we can solve the problem at home, we can often solve future legal problems and that’s our goal.

Family dynamics play an important role in domestic cases. What might be assault in one instance might be assault in another family. So we look at each individual circumstance and figure out the best solution.

There are rules to go along with criminal court. Sometimes there are bond conditions. People may not be allowed to have contact with those involved in the case. If that’s the case we try to figure out if that’s appropriate, or do we need to address those bond conditions and try to create contact through counseling or other means and those are case-by-case sort of situations.

If you face a domestic violence charge, it’s important you get the best legal representation you can as quickly as you can.Ultimately, our goal as a firm is to help the families involved in these difficult situations as best as we can, and find a good outcome for our client.

MISDEMEANOR DOMESTIC ASSAULT

Missouri has many laws designed to protect family members from domestic violence. Domestic violence means knowingly causing, or attempting to cause, physical harm to your family members — whether that be your spouse, your children, or other members of your home.

MISDEMEANOR DOMESTIC ASSAULT MISSOURI STATUTE

Title XXXVIII – Chapter 565.076

565.076.  Domestic assault in the fourth degree, penalty. —

1.  A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and:

  (1)  The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim;

  (2)  With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument;

  (3)  The person purposely places such domestic victim in apprehension of immediate physical injury by any means;

  (4)  The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim;

  (5)  The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or

  (6)  The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.

  2.  The offense of domestic assault in the fourth degree is a class A misdemeanor, unless the person has previously been found guilty of the offense of domestic assault, of any assault offense under this chapter, or of any offense against a domestic victim committed in violation of any county or municipal ordinance in any state, any state law, any federal law, or any military law which if committed in this state two or more times would be a violation of this section, in which case it is a class E felony.  The offenses described in this subsection may be against the same domestic victim or against different domestic victims.

PENALTY OF CONVICTION

As domestic assault in the fourth degree is a class A misdemeanor, a conviction can result in jail for 1 year or less and up to $1,000 in fines, as well as any subsequent fees or court costs.

FELONY DOMESTIC ASSAULT

While assault is a well-known charge, domestic assault is defined a bit differently. Domestic assault is the act of physically harming a family member or a member of the household rather than a stranger or other persons.

DOMESTIC ASSAULT FELONY STATUTE

According to MO Rev Statute, Title XXX. Chapter 565.072, felony domestic assault is defined as:

 565.072.  Domestic assault, first degree — penalty. —

1.  A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term “domestic victim” is defined under section 565.002.

2.  The offense of domestic assault in the first degree is a class B felony unless in the course thereof the person inflicts serious physical injury on the victim, in which case it is a class A felony.

Abusers can also be charged with terrorizing their victims with acts such as:

• Stalking
• False Imprisonment
• Kidnapping
• Rape
• Sexual Abuse
• Elder Abuse
• Parental Kidnapping
• Child Molestation

PENALTY OF CONVICTION

Felonies for domestic assault can range from class A to class E. A class A felony can result in up to 30 years of prison time, while a class B felony can result in 5-15 years. In addition to prison time, felonies can also result in fines depending on the class of felony. A class E will start at a $1,000 fine, going up to $5,000 for a class C felony.

Contact us today for a consultation.