Domestic Assault

Representing parties in a divorce often also includes certain criminal law cases. Domestic assault is one example. For years Missouri had four levels of felony crime, A, B, C and D, and four levels of misdemeanor crime, A, B, C and D. Beginning January 1, 2017, Missouri introduces a new domestic assault law and with it Missouri also introduces the CLASS E FELONY!

With Missouri’s new 2017 code, the legislature replaced the 300+ words of a Class A Misdemeanor with a mere 50 word Class E Felony. Gone are legal terms of art such as “reckless,” “criminal negligence,” apprehension of immediate physical injury,” “grave risk” and so on.

“1. A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term “domestic victim” is defined under section 565.002. 2. The offense of domestic assault in the third degree is a class E felony.” § 565.074 RSMo (2017)

A felony for domestic assault is a red flag for any family law judge. Fathers have a hard enough time getting equal custody and visitation. This Class E felony will make equal visitation unattainable, and for what? Consider also that certain “counselors” teach women to fire the opening salvo in a divorce. Just “get him to hit you,” and the rest of the divorce will fall in place. A felony will also prevent you from your 2nd amendment rights, affect your access to a good job, and affect your right to certain housing, your right to vote….

If you have a family law problem, whether or not you have been served papers, I will be happy to sit with you in a complimentary consultation. Within 20-30 minutes you’ll know what you can do for yourself and what you would be better off having an experienced attorney handle.

Gordon Rea, 314-396-7177