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When a person is arrested on a misdemeanor domestic violence charge within the City of Wichita they are taken to the Sedgwick County Adult Detention Facility (the jail). In all cases of Domestic Violence, a police officer will be the complaining witness. Since the charges are "police laid" the victim is unable to drop charges or request the case be dismissed.
If the arrested person is booked on a misdemeanor charge they will remain in jail for a minimum of four hours. He/she will be allowed to bond out of jail after four hours, if they are able to post bail. If they cannot post bail then he/she will be released after 10 to 18 hours on their own recognizance.
The arrested person will be required to sign a copy of the No Contact Order and will be given a date and time to return to court to be arraigned on the charges. Most arraignments are held the following business day unless the arrest is less than eight hours from court time (if that occurs the arraignment will be held the next business day).
During the arraignment the judge reads the charge to the defendant. The defendant is advised to seek legal counsel and given a date to return to court to enter a plea.
A second court date, the First Appearance, will be set if the defendant pleads not guilty. The first appearance will be approximately two weeks after the arraignment. The defendant will be expected to find a lawyer, apply for a court appointed attorney or decide to represent themselves (Pro Se) and present that information to the judge at the first appearance. The trial date will be set at that time and is usually a month away.
If the defendant pleads guilty the judge will set a sentencing date and the defendant will come back on that date to meet with the judge and receive their sentence.

Deferred Judgment
Deferred Judgment is a program for first time offenders in Domestic Violence cases. If accepted on Deferred Judgment the defendant enters into an agreement with the City that they will meet certain conditions over a one year period. If they comply with all the conditions of the program at the end of one year the charge(s) will be dismissed
Conditions of Program
Successful completion of the Deferred Judgment Program results in the domestic violence charge(s) being dismissed. If a defendant fails to comply they will be terminated off the program and taken back in front of a judge for sentencing. However, if a defendant successfully completes the Deferred Judgment, but recommits within five years, the court can use the Deferred Judgment as a fist offense for sentencing purposes on the second conviction. |