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  1. #1
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    Default Domestic Violence Arrest for Slapping a Spouse

    My question involves criminal law for the state of: Kansas. So my wife and i got into an arguement. I was screaming she was screaming and she slapped me after i had said something nasty to her. After this all went down we were sitting and talking about everything quietly when we heard a knock at the door. It was the police. They asked what happened i told them she smacked me cause i said something nasty and we were arguing and nothing more. They said they had to arrest her cause kansas state law states someone has to go to jail if there is a domestic call. Now she lives out of state. I am a soldier in kansas and my wife takes care of her sick mother. She has court soon and we dont know whether or not to get a lawyer or not. The case should be tossed out since there is no evidence that i was slapped since i didnt let them take pictures. In any case she was charged with domestic battery. I want to know how to get this dropped thrown out or anulled. Since in any other state i have lived in this would only be going on if i had pressed charges which i didnt. I need to help my wife someone please please please help me. She is a saint and works for the State as a correctional officer and im a soldier. Our lives seem ruined over this and i dont know what to do

  2. #2
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    Default Re: Kansas Arrest Over Nothing

    Your subject line is very misleading. Your wife was not arrested over nothing. She slapped you, and the slap was not in self-defense. Your wife actually committed a crime.

    And Kansas state law states that someone must be arrested if the police suspect that someone of committing domestic violence.

    Your wife definitely needs a lawyer. And the police may not need physical evidence if you stated to the police that your wife slapped you.

  3. #3
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    Default Re: Domestic Violence Arrest for Slapping a Spouse

    Quote Quoting jsteen19
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    The case should be tossed out since there is no evidence that i was slapped...
    You mean besides your STATEMENT saying you were?

    Don't be so naive - that's plenty of evidence.

    You don't say what state she works in (you live in different states?) but this is very likely to cause her problems with her job, as in it's in jeopardy.

    Your wife needs an attorney. Period.

  4. #4
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    Default Re: Kansas Arrest Over Nothing

    If she says she felt threatened what would that do for her case? I also never made a written statement.

    Also do you know anyone in the area of Junction city, where or who we could use as a lawyer that has a decent reputation?

  5. #5
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    Default Re: Kansas Arrest Over Nothing

    Quote Quoting jsteen19
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    If she says she felt threatened what would that do for her case? I also never made a written statement.
    It's funny that no one mentioned that at the time of arrest. So I guess now she's looking to perjure herself on top of her other problems.

    A written statement isn't necessary. You clearly stated to responding officers that your wife slapped you. The End.


    Quote Quoting jsteen19
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    Also do you know anyone in the area of Junction city, where or who we could use as a lawyer that has a decent reputation?
    This is not an attorney referral service. You can call your local BAR association if you need a referral.

  6. #6
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    Default Re: Kansas Arrest Over Nothing

    You seem to think that anyone who has "committed a crime" is a bad person? People make mistakes. I am simply looking for a way to help her situation the best of my ability. I was looking for some opinions on the best route to take. Not your personal vendetta with "criminals". There are a lot of "Criminals" that defend your ability to be what you are and have what you have today. Be thankful

  7. #7
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    Default Re: Kansas Arrest Over Nothing

    You are wrong with your claim this wouldn't have happened in any other state. You could have been arrested in just about any other state. The state would prosecute regardless of you "pressing charges" as the state presses charges, not the victim.

    As to your argument they have no evidence; they have your statement she slapped you and their observation of your face which probably looked like somebody slapped you.

    Yes your wife should hire a attorney.

  8. #8
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    Default Re: Kansas Arrest Over Nothing

    Quote Quoting jsteen19
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    You seem to think that anyone who has "committed a crime" is a bad person?
    No one made that judgement call. But, as a matter of law, slapping someone is an assault (or battery, depending on the legal terminology in your state), and that is a crime.

    People make mistakes. I am simply looking for a way to help her situation the best of my ability.
    The matter is pretty much out of your hands. The prosecutor will have the case now and he or she will determine how to proceed. It may be possible that your wife can be eligible for some form of deferral that will keep this from becoming a conviction and it may save her job. But, this is something she will need to speak with her attorney about.

  9. #9
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    Default Re: Kansas Arrest Over Nothing

    Quote Quoting jsteen19
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    You seem to think that anyone who has "committed a crime" is a bad person?

    I don't know who you're talking to but no one here said or implied anything like that.

    Your're the one calling this all BS and we're all trying to tell you that it's not.

  10. #10
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    Default Re: Kansas Arrest Over Nothing

    Quote Quoting jsteen19
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    If she says she felt threatened what would that do for her case? I also never made a written statement.

    Also do you know anyone in the area of Junction city, where or who we could use as a lawyer that has a decent reputation?
    Google lawyers in Junction City or Manhattan. That's how most people find a lawyer. Find ones who do free consultations.

    Have you told your chain of command about this? If you do, they are going to have to do a SIR. They're going to make you go to Family Advocacy. Family Advocacy will go over a lot of things with you including protection order. You don't have to. You don't have to tell them but if I were you, I would let them know what's going on because Ft Riley is big but it's not that big. They'll find out.

    If she hires a lawyer, she can tell her lawyer that information. YOU are going to be a witness for the prosecution if it gets to trial. Whether you want to be or not.

    I was at Ft Riley and I used to have access to the blotter there. Let me tell you right now - I saw shit like this cross the blotter pretty often. I saw the female spouse get arrested too not just the soldier.

    I'll tell you what happened to me - although I lived in Manhattan. My then husband and I got into a fight because he's a drug addict and I knew he had been lying to me about some things. We had our then four month old daughter in the room with us. Off and on arguing. Then at one point we started up again and he kicked at me on the couch. I got up and I said "Get out and go for a walk. Calm down." He said no. I said "Get out or Im calling the police." And he snapped. Smacked me a few times. Got me to the ground in the other room and choked the shit out of me. After he was done he got up. I had a chance. Ran. Called the cops. Did I have a lot of marks for evidence? No. Bloody nose. I guess red marks. So enough. They arrested him.

    I told my 1SG and he told the commander. I talked to the CO. He made me go to Family Advocacy and then it was a SIR. Family Advocacy took me to get a temporary order which I stupidly let expire. The judge; however, issued an order for the duration of the case that took me a month to drop. Oh be prepared for that at her first hearing. The judge will likely issue a protection order for the duration of the case. You can talk to Victim Witness and they'll talk to the judge for you. But don't expect much.

    I also got subpoenaed and I was going to testify despite the fact I decided to stay with him. But the day of they called me and said he waived his right to a preliminary hearing. He ended up pleading guilty and got 2 years probation with a 23 month underlying sentence. He had a public defender though.

    There is a lot more here at play than you realize. It doesn't matter what you say. Most victims of domestic violence generally say the same things and judges know that. Prosecutors know that.

    Things aren't going to go away for your wife at all. Not for you either.

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