(620) 432-1244
21-5414. Domestic battery; aggravated domestic battery.
(a) Domestic battery is:
(1) Knowingly or recklessly causing bodily harm to a person with whom the offender is involved or has been involved in a dating relationship or a family or household member; or
(2) knowingly causing physical contact with a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.
(b) Aggravated domestic battery is:
(1) Knowingly impeding the normal breathing or circulation of the blood by applying pressure on the throat, neck or chest of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner; or
(2) knowingly impeding the normal breathing or circulation of the blood by blocking the nose or mouth of a person with whom the offender is involved or has been involved in a dating relationship or a family or household member, when done in a rude, insulting or angry manner.
(c) (1) Domestic battery is:
(A) Except as provided in subsection (c)(1)(B) or (c)(1)(C), a class B person misdemeanor and the offender shall be sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the offender to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program;
(B) except as provided in subsection (c)(1)(C), a class A person misdemeanor, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a second time and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days' imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours' imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program. The offender shall serve at least five consecutive days' imprisonment before the offender is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court; and
(C) a person felony, if, within five years immediately preceding commission of the crime, an offender is convicted of domestic battery a third or subsequent time, and the offender shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $7,500. The offender convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the offender has served at least 90 days' imprisonment. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the offender shall be required to undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, unless otherwise ordered by the court. If the offender does not undergo a domestic violence offender assessment conducted by a certified batterer intervention program and follow all recommendations made by such program, the offender shall serve not less than 180 days nor more than one year's imprisonment. The 90 days' imprisonment mandated by this paragraph may be served in a work release program only after such offender has served 48 consecutive hours imprisonment, provided such work release program requires such offender to return to confinement at the end of each day in the work release program.
(2) Aggravated domestic battery is a severity level 7, person felony.
(d) In determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offense under this section, a court shall consider information presented to the court relating to any current or prior protective order issued against such person.
21-5111. Definitions. The following definitions shall apply when the words and phrases defined are used in this code, except when a particular context clearly requires a different meaning.
i) "Domestic violence" means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For the purposes of this definition:
(1) "Dating relationship" means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable.
(2) "Family or household member" means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.
(j) "Domestic violence offense" means any crime committed whereby the underlying factual basis includes an act of domestic violence
22-4616. Domestic violence offenses; designation; special sentencing provision. (a) On and after July 1, 2011, in all criminal cases filed in the district court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense. On and after July 1, 2013, in all criminal cases filed in the municipal court, if there is evidence that the defendant committed a domestic violence offense, the trier of fact shall determine whether the defendant committed a domestic violence offense.
(1) Except as provided further, if the trier of fact determines that the defendant committed a domestic violence offense, the court shall place a domestic violence designation on the criminal case and the defendant shall be subject to the provisions of subsection (p) of K.S.A. 2020 Supp. 21-6604, and amendments thereto.
(2) The court shall not place a domestic violence designation on the criminal case and the defendant shall not be subject to the provisions of subsection (p) of K.S.A. 2020 Supp. 21-6604, and amendments thereto, only if the court finds on the record that:
(A) The defendant has not previously committed a domestic violence offense or participated in a diversion upon a complaint alleging a domestic violence offense; and
(B) the domestic violence offense was not used to coerce, control, punish, intimidate or take revenge against a person with whom the offender is involved or has been involved in a dating relationship or against a family or household member.
(b) The term "domestic violence offense" shall have the meaning provided in K.S.A. 2020 Supp. 21-5111, and amendments thereto.
(c) This section shall be a part of and supplemental to the Kansas code for criminal procedure.
History: L. 2010, ch. 101, § 1; L. 2011, ch. 30, § 141; L. 2012, ch. 162, § 17; May 31.
21-6604. Authorized dispositions; crimes committed on or after July 1, 1993. (a) Whenever any person has been found guilty of a crime, the court may adjudge any of the following:
(p) In addition to any of the above, for any criminal offense that includes the domestic violence designation pursuant to K.S.A. 2020 Supp. 22-4616, and amendments thereto,the court shall require the defendant to: (1) Undergo a domestic violence offender assessment conducted by a certified batterer intervention program; and (2) follow all recommendations made by such program, unless otherwise ordered by the court or the department of corrections. The court may order a domestic violence offender assessment and any other evaluation prior to sentencing if the assessment or evaluation would assist the court in determining an appropriate sentence. The entity completing the assessment or evaluation shall provide the assessment or evaluation and recommendations to the court and the court shall provide the domestic violence offender assessment to any entity responsible for supervising such defendant. A defendant ordered to undergo a domestic violence offender assessment shall be required to pay for the assessment and, unless otherwise ordered by the court or the department of corrections, for completion of all recommendations.
BIP Services addresses the following:
(1) Identification, discussion, confrontation and change of abusive and controlling behavior to victims, including partner
and children. All forms of domestic violence shall be identified and challenged, with specific attention given to all physical, emotional, verbal, mental, sexual and economic abuse, as well as intimidation and the destruction or damage to pets or
property. Other methods of control shall be included.
(2)Identification and discussion of the effects battering has on victims, including children who witness such violence.
The short and long term effects of abuse and violence are to be presented. Batterers shall be expected to take responsibility for creating these consequences. The goal of these exercises shall be to build empathy.
(3)Confrontation of excuses for battering. This shall include a philosophical stance that violence and abuse are the sole responsibility and choice of the batterer, and are never justified.
(4)Identification and discussion of non-cooperative and abusive forms of communication and quick fix responses.
(5)Identification and practice of cooperative and non-abusive forms of communication, positive communication skills,
long term solutions and responsible ways of treating partners, children, and others.
(6) Identification of cultural and social influences that contribute to battering behavior. The program shall not allow these
issues to excuse or justify individual responsibility of abuse and violence.
Topics covered by Family Peace Initiative curriculum include:
> Cruelty vs. Respect
> Integrity and Accountability
> Personal Introspection
> River of Cruelty
> Negotiation and Fairness
> Trust and Partnership
> Parenting with Respect
> Sexual Respect
> Healthy Family Relationships
BIP Services is a Certified Batterer Intervention Program and over seen by the Office of the Kansas Attorney General. Our mission is to hold batterers accountable, create nonviolent behavior, and promote safety for victims. On a wider scale, batterers intervention seeks to create social norms that reject rather than affirm or ignore battering within intimate family and household relationships. BIP Services uses the Family Peace Initiative curriculum.
Please contact us if you have any questions or concerns.
Jerry Wallace, MA, LAC
Batterers Intervention Program Services, LLC
MAILING ADDRESS:
708 West Main Street
Cherryvale, Kansas 67335-0405
Phone: (620) 432-1244
Email: jerry@bip-services.com
Kansas Coalition against Sexual & Domestic Violence
State of Kansas Hotline
(888) 363-2287
www.kcsdv.org
Kansas Attorney General
Victim Services Division
Certified BIP Programs
120 SW 10th Ave., 2nd Floor
Topeka, KS 66612-1597
(800) 828-9745
ONLINE CLASSES
Family Peace Initiative
3320 SW Harrison
Topeka, Kansas 66611
Office: (785) 350-2858
Fax: (844) 272-4256
We follow the Family Peace Initiative curriculum following the "road map to peace" as outlined in the FPI Course Workbook (copyright 2012). We also utilize and follow the "River of Cruelty" model booklet produced by founders of Family Peace Initiative Steve Halley, LSCSW and Dorthy Stucky Halley, LMSW.
ONLINE CLASSES
Silver Lining Counseling
Men & Women Services
silverliningcounselingservice
@gmail.com
(620) 277-6892
TEXT
Victim Liaison and Assessments
Vickie Malle-LeFever, MSCJ, LCAC
Vickie L. Malle Consulting
(620) 252-9884
vickie@bip-services.com
ONLINE CLASSES
Associates at
Hope Harbor
Men & Women Services
info@hopeharborkc.com
Mission, Kansas 66204
(913) 710-5744
Kansas Statutes related to Batterer Intervention Programs
Girard Kansas Classes Family Peace Initiative
510 E 47 Hwy,
Girard, Kansas 6713
Office: (785) 350-2858
Fax: (844) 272-4256
Batterers Intervention Program Services LLC
Cherryvale, Kansas 67335
Phone: (620) 432-1244
email: jerry@bip-services.com
BATTERERS INTERVENTION PROGRAM SERVICES LLC
NO LONGER TAKING REFERRALS
VISIT WEBSITE LINKS ABOVE FOR ASSISTANCE
Director, Assessments and Facilitator
Jerry R. Wallace, MA, LAC
Batterers Intervention Program Services, LLC
(620) 432-1244
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