Domestic Violence Charge In Kansas

My question involves criminal law for the state of: Kansas

Here is the rundown:

I am sitting at home when I receive a phone call from my mother, she tells me that my 22 year old sister is pretty drunk and being an idiot... So I take a short drive over there and sure enough, my mother and my sister are yelling at each other in the front yard. When I pull up my sister goes into the back yard, my mom tells me to go get her car keys so she cant leave. So I follow her to the back yard and make an attempt to get the keys from her nicely. She calls me a few names and says no, then jumps the fence to get in the front yard. I followed her and she was heading toward her car. I demanded the keys and got called a few more names. I then basically tackled her and took the keys. My sister didn't like that very much and proceeded to kick my car, no biggie to me. So the argument dies down a little but by now the police have been called by the neighbors. My sister goes inside and downstairs to her room. The police show up, and we let them know all is fine now, but they want to talk with her. So we let them inside and I went downstairs to get my sister. I let her know the police are there and want her to come up, she says no and spit on me.... I got a little upset, didnt touch her just went upstairs and smiled at my mom and said " She spit on me, you want to go get her?". The police go downstairs and are talking with her, and a few stayed upstairs to talk with us. BTW by this time there is like 8 officers there lol must of been a slow night. ANYWAY... They bring her up in cuffs. I asked what shes being charged with and they tell me, domestic violence/battery against me... I asked why, they said because she spit on me. I asked if I could decline the charge they said no. SO I want to know how to get this thrown out. She is not normally like that, just a bad night and she was drunk. All she did is spit a little, wasnt that bad. A domestic violence charge looks BAD on any resume, or just in general. I do not want that for her over something stupid like that... Any ideas?

Realize that when you call the police they will respond to any crime they see.

Get your sister an attorney.

I didn't call the police.... and they didn't see the crime, just heard me say something about it.

Quote:

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Quoting Ghidion

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I didn't call the police.... and they didn't see the crime, just heard me say something about it.

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And they reacted accordingly.

Most DV victims recant their testimony. You will have a rough row to hoe, here.

Understand that spitting on someone is considered assault.

When a drunken argument is taken out in public, the police are bound to show up, and someone is going to be arrested for their troubles.

Jeff is right, your sister needs an attorney. Yes, I realize it sounds ridiculous to have her brought up on charges for spitting on you, but with the help of an attorney, it may be brought down to disorderly conduct, or dismissed altogether.

You'd do well to see about getting her into rehab, too.