Legal Question in Criminal Law in Kansas

I have been charged with alleged domestic abuse. A former girl friend come to my home. I had a current girl friend inside. I stepped outside and was attacked by this woman who was drunk. I did not physically attack but did raise arms in defense and hold them out, She has later went to ER for bump on head and dislocated finger. probably caused from her attack on me and pounding on the door and cars. She did scratch and bite me. and these injuries were photographed when they arrested me. I have also been served with a restraining order. What can I do? Can I get her charged with physically attacking me and with a restraining order also? How do I protect myself from further charges? I have one witness maybe more if the neighbors were home.


Asked on 10/28/09, 2:01 pm

1 Answer from Attorneys
Anthony Smith LawSmith

As the police probably took statements and did at least some investigation, it may not be posssible to get them to take seperate reprot from you as to that same incident. Therefore, she will likely not be charged criminally with assaulting or battering you. You can, of course, seek your own TPR (Temporary Restraining Order) It coudl be made permanent if you appear and convice the judge that you are in danger of assault from this woman, if she is not made to stay away. This may aid you in yoru ciminal defense. Oftenr when somoen is drunk and they get a temproary restrining order, they fail to appear at the hearing and the restriaing order lapses. If hers lapses and yours does not, it might aid you in getting a satisfactory resolution to your criminal charges.

You should consult direclty with an attorney about defending you, if they set a court date for the domestic abuse charges you face.

Good luck

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Answered on 11/02/09, 2:17 pm


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