Domestic Violence Lawyer – Protection From Abuse / Stalking Lawyer – Choose Attorney Kevin Wichman For Your Representation in Greater Kansas City

 

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Experience and Proven Results – Kevin Wichman of Wichman Law Firm LLC grew up in Johnson County, Kansas, and has handled trials in many courts throughout the Kansas City metro. He knows the prosecutors and government procedures that govern domestic abuse charges or restraining orders. No question- when domestic issues arise, the circumstances are a difficult time for everyone. Attorney Kevin Wichman makes sure to stand by his clients to ensure that their rights are also protected.

Attentive Care and Thorough Preparation – Unlike a large firm juggling clients case by number, with Wichman Law Firm LLC you are always an individual. He personally will defend you against charges citing domestic abuse/ protection from stalking. His unwavering belief in his clients ensures that he will fight for the best ultimate outcome for your situation. When you call, especially at emergency times, you’ll get an immediate answer. When you have questions, you’ll get a clear explanation of options and next steps in the courts. When you are concerned, he’ll listen carefully and respect your needs.

Affordable Fees – Fees for representation against charges in domestic abuse or protection from stalking orders are affordable and transparent. Kevin Wichman Law will clearly outline the fee schedule so there are no surprises. You will be kept informed at all times of the services rendered and court and filing expenses that are covered by a comprehensive fee.

Wichman Law Firm LLC is a leading traffic and criminal defense firm serving the Kansas City metro. Attorney Kevin Wichman has years of experience in jury trials in local courts and in tough settlement negotiations against large insurance companies and corporations. He will return your call immediately and set up a free consultation to discuss your domestic abuse case. He will review your any information you may have, including police reports, medical bills and witness reports. He will be able to advise you of next steps and the process of dealing with the court system. He will prepare timely filings with the courts and work toward a successful resolution as quickly as possible, so you can move ahead with your life.

Contact a Kansas City Protection Order Attorney and Domestic Violence Lawyer at Wichman Law Firm LLC today

(913) 543-1529 or (816) 787-1529

There are many details tied to gaining protection in Missouri. The various provisions tied to protection orders can affect the resources and type of protection available to the victim. Domestic violence is a leading reason for needing a protection order. An attorney committed to providing support in acquiring and utilizing a protection order will be a critical resource in achieving a successful outcome.  

Contact a Kansas City Protection Order Attorney at Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your domestic violence case or order of protection from abuse and/or order of protection from stalking case. 

Legal definition of domestic violence in Missouri relevant to cases in Kansas City:

This defines domestic violence for the purposes of getting an order of protection.

In order to file for an order of protection, domestic violence is when a family or member of the household:

  • Commits stalking
  • Commits, attempts to commit or threatens to commit abuse, which is defined as any of the following acts:
    • Assault: purposely placing or attempting to place you in fear of physical harm
    • Battery: purposely causing physical harm to you with or without a deadly weapon
    • Coercion: using force or a threat of force to make you do something or to stop you from doing something
    • Harassment: committing acts (more than once) that causes you or your child alarm or substantial emotional distress and serves no legitimate purpose. For example:
      • Looking in a window or lingering outside your home
      • Following you or your child in a public place
    • Sexual assault: causing or attempting to cause you to engage involuntarily in any sexual act by force, threat of force, duress (coercion/pressure) or without your consent
    • Unlawful imprisonment: holding, confining, detaining or abducting you against your will

Stalking is defined as when someone purposely acts in a way that reasonably causes you alarm and that serves no legitimate purpose. The actions must occur two or more times. Examples of stalking behavior are repeatedly following you or making unwanted communication /contact with you.

Types of order of protection and their duration:

1) Ex parte order of protection from abuse and/or stalking – Ex parte is Latin for “from one side.”  A judge can grant you an ex parte order if it is proven there is “good cause” for it.  “Good cause” can be if the judge believes there is an immediate and present danger of abuse to you. An ex parte order may be granted based solely on your petition and testimony, without holding a hearing.  Ex parte orders may be granted without the abuser’s prior knowledge and without his/her presence in court.

An ex parte order generally will be valid until your court hearing for a full order of protection, which usually takes place within 15 days.

You may get a “Notice of Hearing” instead if you are not granted a request for an ex parte order.  This is not an order protecting you, however, it does mean you have a date and time for a hearing. This is where the judge will decide whether or not to grant you a full order of protection. To get a full order of protection, you must prove your allegations of domestic violence to the judge. You can receive a notification when the ex parte order is served on the abuser.

An ex parte order of protection from abuse and/or stalking can do the following:

  • Forbid the abuser from committing or threatening to commit domestic violence, sexual assault, stalking, molesting you or disturbing your peace
  • Forbid the abuser from entering your home when it is:
  • Jointly owned, leased or rented or jointly occupied by you and the abuser
  • Owned, leased, rented or occupied by you individually
  • Jointly owned, leased or rented by you and someone else (not the abuser)
  • Jointly occupied by you and someone else (not the abuser) as long as the abuser does not have a property interest in the home
  • Forbid the abuser from communicating with you in any manner or through any medium (i.e., phone, computer, etc.)
  • Make a temporary order of custody of your minor children where appropriate
  • Include such other terms as the judge reasonably believes are necessary to ensure your safety

Contact a Kansas City Protection Order Attorney at Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your domestic violence case or order of protection from abuse and/or order of protection from stalking case. 

2) Full order of protection from abuse and/or stalking – A full order of protection can be issued only after a court hearing in which you and the abuser have both expressed your sides of the story.  If you prove to the judge that you were the victim of domestic violence, stalking or sexual assault, you can get an order of protection that will last for a period of time. It is typically valid between 180 days to one year. Full orders may be extended for a longer period of time.

A full order of protection from abuse and/or stalking can do the following:

  • Includes all terms of an ex parte, as listed above AND
  • Order any of the following (as long as your petition has facts/allegations relating to these topics and your petition specifically asks for them):
  • Award custody of any minor child born to or adopted by the parties when:
    • The court has jurisdiction (power) over such child
    • No prior order regarding custody is pending or has been made
    • The best interest of the child requires that a custody order be issued
    • Establish a visitation schedule that is in the best interest of the child
    • Order the abuser to pay child support
    • Order the abuser to pay spousal support (maintenance) for up to 180 days if legally married
    • If you are married to or have children together, the judge can order the abuser to make rent or mortgage payments on the home in which you are living or on a different home (rather than the one you lived in with the abuser) if you choose
    • Give temporary possession of personal property, such as cars, checkbooks, keys and other personal items
    • Prohibit the abuser from transferring, selling or discarding property mutually owned or leased by you and the abuser
    • Order the abuser to participate in offense specific counseling or drug treatment
    • Order the abuser to pay a reasonable fee for housing and other services that are/were provided to you by a domestic violence shelter
    • Order the abuser to pay court costs
    • Order the abuser to pay the cost of medical treatment and services that are/were provided to you as a result of injuries due to domestic violence committed by the abuser
    • Order the abuser to pay your attorney’s fees; and/or
    • Direct a wireless service provider to transfer the rights to, and billing responsibility for, any wireless service (cell phone) number(s) that you or any minor children in your care use, if you are not already the account holder

Deciding custody in a protection order from abuse and/or stalking:

If the court makes a custody decision in a hearing for a full order of protection, the judge should assume that it is in the child’s best interest for custody to be granted to the non-abusive parent. If there is evidence that the parents have both been abusive to each other, this assumption will not be made by the judge. The judge can appoint a guardian ad litem or a court-appointed special advocate to represent the child and all other factors that are normally considered in a custody case will be reviewed.

When determining visitation in a hearing for a full order of protection, the non-custodial parent should be given visitation rights unless the judge believes that one of the following is true:

  • Visitation would endanger the child’s physical health
  • Visitation would negatively affect the child’s emotional development
  • Visitation would otherwise conflict with the best interest of the child
  • That it is not possible to have visitation and still be able to protect the custodial parent from further abuse

The court may appoint a guardian ad litem or court-appointed special advocate to represent the child if the custodial parent alleges that visitation with the noncustodial parent will cause harm to the child.

Note: An order of protection cannot change the custody of children when an action for dissolution of marriage (divorce) has been filed or when custody has previously been awarded to a parent by a judge.

Filing a petition for order of protection from abuse and/or stalking in Kansas City with an Attorney:

A petition can be filed in the county where you live, in the county where the domestic violence took place or in any county where the defendant can be served with the petition.

Note: The order of protection can be issued in a Missouri court even if you are in Missouri on a temporary basis. This is dependent on the domestic violence having occurred, been attempted or been threatened within the state of Missouri. If additional domestic violence occurred outside of Missouri, these incidents can be included as a way to demonstrate a need for protection.

Cost and need for a order of protection from abuse and/or stalking lawyer in Kansas City:

There are no fees associated with filing for an order of protection due to domestic violence for the victim. Once a hearing for a full order of protection has been conducted, the judge may order the respondent (the abuser) to pay court costs. The judge could also order the abuser to pay any attorney’s fees.

An attorney is not a requirement to file for an order of protection, but it will likely be a benefit to have one to handle the proceedings and details of an order to make surethe proces goes smoother and is effective, especially if the abuser will have an attorney for their side, which can often be the case.  

Contact a Kansas City Protection Order Attorney at Wichman Law Firm today at (816) 787-1529 to discuss the circumstances regarding your order of protection from abuse and/or order of protection from stalking as well as other domestic violence charges and dv cases