Florissant Domestic Violence Lawyer

Domestic cases are often charged on a single account, sometimes in the middle of a divorce or a custody dispute, and our defense begins by testing that account against the evidence.

Missouri Domestic Assault Charges and Penalties

Missouri charges domestic violence as domestic assault under Chapter 565, and a charge applies only when the person harmed is a domestic victim (§565.002): a spouse or former spouse, a family or household member, someone who shares a child, or a partner in a continuing romantic relationship.

First-Degree Domestic Assault

First-degree domestic assault (§565.072) applies to an attempt to kill or to cause serious injury to a domestic victim. It is a dangerous felony (§558.019) that requires serving 85 percent of a sentence before parole eligibility, and it rises to the highest felony class when serious injury results.

Second-Degree Domestic Assault

Second-degree domestic assault (§565.073) is a felony covering knowing injury, recklessly causing serious injury, or the use of a deadly weapon. Missouri names choking and strangulation specifically, which means those acts can be charged as a felony even when they leave little visible injury.

Third-Degree Domestic Assault

Third-degree domestic assault (§565.074) covers attempting to injure or knowingly causing physical pain or illness to a domestic victim. It is a lower-level felony that still carries prison exposure and a felony record.

Fourth-Degree Domestic Assault

Fourth-degree domestic assault (§565.076) is a misdemeanor and the most common domestic charge. It can be filed for minor injury, offensive contact, placing a person in fear of harm, or even isolating a person from contact, and a prior domestic offense can raise it to a felony.

Orders of Protection in Missouri

Alongside a criminal charge, a domestic case usually brings an order of protection under Chapter 455. It begins as an ex parte order, granted quickly and without the accused present, and can become a full order after a hearing that typically takes place within about fifteen days. An order can require a person to leave a shared home, stay away from the other party, and surrender firearms, all through a civil process that runs separately from the criminal case. Violating a full order is itself a crime (§455.085), charged as a misdemeanor for a first violation and a felony for later ones, and police may make an arrest without a warrant. We defend the protective order hearing and the criminal charge together, because the two are closely connected and a full order hearing leaves little time to prepare.

The Criminal Case and the Protective Order Run Together

A domestic arrest sets two matters in motion at once. The criminal case decides guilt and any penalties. The protective order case, on the civil side, decides where a person can live and whom they can contact while the criminal case is pending. Testimony given at a protective order hearing can be used in the criminal case, which is one reason we handle both together from the start rather than treating them as separate problems. A misstep in the civil case can quietly damage the criminal one, and the reverse is also true.

No-Contact Orders and Bond Conditions in Domestic Cases

After a domestic arrest, the restrictions often begin before the protective order is even decided. As a condition of release, a court can impose a no-contact order that bars a person from returning home, contacting the accuser, or seeing shared children, and violating it can mean a new charge and a return to custody. These conditions can last the length of the case, which may run for months. We move early to seek reasonable conditions, and where children or a shared home are involved, to narrow terms that would otherwise keep a client away from their own family far longer than the facts justify.

Firearm Rights and Other Consequences of a Domestic Violence Conviction

A domestic violence conviction carries consequences that reach well past any sentence. Under federal law, a qualifying conviction, even a misdemeanor, bars a person from possessing a firearm (18 U.S.C. §922(g)), and a qualifying protective order can do the same while it is in effect. A conviction can also affect child custody, housing, employment, and professional licenses, and it stays on a record that surfaces in background checks. Because a domestic charge can reach a firearm right, a home, and a relationship with children all at once, getting a defense involved early is often what limits the damage.

Defending a Domestic Violence Charge in Florissant

• False accusations. Domestic allegations sometimes arise from a divorce, a custody dispute, or a moment of anger, where one person has a reason to exaggerate or invent. We handle these false accusation cases with care for both the facts and a client’s reputation.
• Self-defense. A person who used reasonable force to protect themselves from an aggressor has a recognized defense, and in many domestic cases the question of who the aggressor was is genuinely disputed.
• A recanting or unwilling witness. Even when the person who made the report later wants the case dropped, the state can proceed on its own, so how the case is handled from that point, and what the evidence actually shows, becomes central.
• The account and the injuries. Domestic charges often rest on a single statement, and inconsistencies, prior threats, a motive to lie, and medical records that do not match the account all give a defense traction.

First-Time Domestic Violence Charges in Missouri

Not every domestic charge ends in a conviction. For a first-time or lower-level charge, options such as a suspended imposition of sentence can allow an eligible person to complete probation without a conviction on the record, and some cases resolve through reduction or dismissal when the evidence does not support the charge. Missouri limits these options for repeat domestic offenders (§565.063), which makes protecting a clean record on a first charge especially important. We handle first-offense domestic cases with that goal in mind.

Why Choose Our Florissant Domestic Violence Attorneys

• Criminal defense and DWI are all we do, and we handle the criminal charge and the protective order together, not as two separate matters.
• Our founding attorney brings more than 25 years of experience in the St. Louis County courts.
• We prepare every case as if it is going to trial and obtain all discovery, especially video, on every case.
• Our flat fee covers both the criminal case and the protective order hearing, with flexible payment plans available.

Whether a client was wrongly accused or made a mistake, we work to protect their rights, their record, and their relationships with the people who matter most. A domestic case reaches into a person’s home and family, and we treat it with that weight.

Flat-Fee Domestic Violence Defense in Florissant

We handle most domestic cases on a flat fee set at the start, covering both the criminal charge and the related protective order hearing, so the cost is clear from the beginning. Our consultations are free and confidential, and we are available around the clock from our Sunset Hills office, in person, by video, or at the jail when needed. For the local courts and the full range of charges we handle, see our Florissant criminal defense lawyer page.

Free consultations are available 24/7. Call or text any time.

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References

• §565.072, RSMo [Domestic assault, first degree]
• §565.073, RSMo [Domestic assault, second degree]
• §565.074, RSMo [Domestic assault, third degree]
• §565.076, RSMo [Domestic assault, fourth degree]
• §565.002, RSMo [Domestic victim definition]
• §565.063, RSMo [Prior and persistent domestic violence offender enhancements]
• §455.020, RSMo [Orders of protection]
• §455.085, RSMo [Violation of an order of protection]
• §558.019, RSMo [Dangerous felony, 85 percent minimum served]
• 18 U.S.C. §922(g) [Federal firearm prohibition following a domestic violence conviction or qualifying protective order]