Legal Question in Criminal Law in Kansas

Self Defense in Domestic Battery

A mother & her 16 & 14 yr old girls were being assaulted by her husband (their step-father). This had been occuring over 2 years. The cops had been to the house in the past, but charges never filed. This night in the middle of his attack the 14 year old girl grabbed a kitchen butcher knife and stabbed the man when he went after her sister. The knife went into his back & punctured his lung. He went to the hospital & was never considered life threatening. However, the police report that he can press charges against the girls for aggrivated assault. Is this true? Do the girls have any rights? Can they file charges against him for assault? Please give me any insight you have in helping this family. Thank You.


Asked on 2/07/02, 9:56 pm

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Self Defense in Domestic Battery

Law enforcement should complete a thorough investigation of the incident, taking statements from all involved who will cooperate. SRS should also be notified as there are minor children involved. I'm wondering why a mother would permit this man to continue to reside in home w/her two daughters when this is a recurring event. The County Attorney (prosecutor) will determine what criminal or child in need of care cases will be filed subsequent to receipt of investigations by all agencies, not the individuals involved in the incident.

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Answered on 2/08/02, 8:37 am


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