Not directly. In Missouri, the prosecuting attorney, not the alleged victim, decides whether to file, reduce, or dismiss criminal charges, and many offices maintain no-drop policies specifically for domestic assault cases.
A domestic assault charge can upend nearly every part of your life before you’ve even had a chance to explain your side of the story: your job, your housing, your relationship with your children, and your standing in the community. Missouri prosecutors take these charges seriously, often pursuing them even when the alleged victim wants them dropped, which means facing an accusation like this alone is rarely a wise strategy. This page explains what domestic violence defense actually involves, who typically needs it, and how Scott Hamblin approaches these cases from both sides of his experience, as a defense attorney and as a former prosecutor.
Scott A. Hamblin has litigated criminal cases in Circuit Courts and United States District Courts throughout Missouri for more than two decades, and has tried well over a hundred cases to judgment or verdict. Before building his defense practice, Scott served as an assistant prosecuting attorney, which gives him a genuinely useful vantage point: he understands exactly how the state builds and evaluates a domestic assault case, because he once did that work himself. Based in Jefferson City and serving the greater Mid-Missouri area, Scott approaches every domestic violence charge with the seriousness it deserves, along with a clear, honest assessment of what the evidence in your specific case actually shows.
Domestic assault allegations arise from a wide range of circumstances, and our clients come to us facing very different situations. We regularly represent:
Missouri classifies domestic assault by degree, with the severity of the alleged conduct determining which charge applies. Under RSMo Sections 565.072 through 565.076, domestic assault ranges from first degree, involving an attempt or knowing act to cause serious physical injury, down to fourth degree, which can involve reckless conduct causing physical injury or even offensive physical contact without serious harm. The term “domestic victim” is defined broadly under RSMo Section 565.002 to include spouses, former spouses, family members, people who share a child, and individuals in a continuing romantic relationship, regardless of whether they’ve ever lived together.
One detail surprises many people facing these charges for the first time. Missouri does not have a blanket mandatory arrest law, meaning officers generally use discretion when responding to a domestic disturbance call. However, under RSMo Section 455.085, if officers respond to the same address twice within twelve hours and find probable cause involving the same person, an arrest becomes far more likely. Many Missouri prosecutor offices also maintain what’s known as a no-drop policy for domestic assault cases, pursuing charges even when the alleged victim asks for the case to be dismissed.
Every domestic assault case turns on its own specific facts, but building an effective defense generally follows a similar process. This starts with a thorough review of the evidence, including police reports, 911 recordings, photographs, and any witness statements gathered at the scene. From there, we evaluate whether that evidence actually supports the charge as filed, or whether it points toward a lesser offense, an affirmative defense, or an outright dismissal. Where appropriate, we negotiate directly with the prosecutor’s office, drawing on Scott’s own former experience there to understand what arguments and evidence tend to carry weight. When a fair resolution isn’t available through negotiation, we prepare to take the case to trial.
Facing a domestic assault charge calls for an attorney who understands both sides of the courtroom. Here’s what sets our approach apart:
A domestic assault charge in Missouri carries real consequences, and the earlier an experienced attorney gets involved, the more options are typically available. Call our experienced criminal defense attorney today or contact us online to discuss your situation and understand what comes next.
Not directly. In Missouri, the prosecuting attorney, not the alleged victim, decides whether to file, reduce, or dismiss criminal charges, and many offices maintain no-drop policies specifically for domestic assault cases.
The degrees range from first degree, involving an attempt or knowing act to cause serious physical injury, down to fourth degree, which can involve reckless conduct or offensive contact without serious injury. The specific degree charged significantly affects potential penalties.
Not necessarily. Missouri does not have a general mandatory arrest law, so officers can use discretion. That said, a second call to the same address within twelve hours involving the same person often does lead to an arrest.
Yes. A pending or resolved domestic assault charge can influence custody and parenting time decisions in a related divorce or custody case, since Missouri courts are required to weigh any history of abuse when determining a child’s best interests.
It’s generally wise to speak with an attorney before providing a detailed statement to police. You have the right to remain silent, and anything said early in an investigation can significantly affect how the case develops later.
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
I cannot recommend Scott Hamblin highly enough. Although my custody case has been ongoing for over 15 years, Scott has only been involved for the last two. In that short amount of time, he took the initiative to thoroughly study the extensive history of my extremely difficult and complex case, identifying the most important details,…
I came to Mr. Hamblin with a very difficult case. Prior to discovering him, I had tried to contact other attorneys who would not return my calls. Mr. Hamblin willingly agreed to represent me. He was straightforward with me, assuring me that he would work toward the best outcome possible. Whenever I contacted his office…
I cannot say enough good things about Scott Hamblin and his team. From the beginning, Scott was extremely organized, thorough, and realistic. He was always honest with me about my options and what to expect, and he never made promises he couldn't guarantee. At the same time, he was confident, strategic, and fully prepared. Going…
If you are looking for an attorney who always strives to win, Scott is your number one choice. He is here for you and is there to win the case. I believe he has the best of intentions to do the job he is hired for every time. Best of all, he takes pride in…
Going to court is, without a doubt, the scariest and my stressful thing that I have ever done. All the legalities and unknowns are all you can think about, and having a good attorney to ease some of those worries is essential. From the first day we met Mr. Hamblin, he has been kind, understanding,…
This is where I found myself about a year ago – reading Scott Hamblin’s Google reviews and wondering who I should turn to for help. My ex-wife (a former family law attorney) was trying to relocate our two children out of state. I’m not an attorney. I didn’t yet live in Cole County. I read…
When first starting out I wasn't sure who could handle my situation I was in I did some research on Google and found Scott Hamblin and read the reviews I ended up hiring Scott Hamblin and I was in a situation where the Mom was making really bad allegations and alienating me from my Child…
Attorney Hamblin is extremely professional, kind, and caring. We hired him for a family law case. We won!! He was prepared for the case and did an excellent job. I would highly recommend him. I trust him so much that I’m planning to have him help us with our will next. I deeply appreciate how…
I was going through a contested divorce case and custody battle. When I hired Scott I felt my world was crashing around me. Scott jumped in and handled the case very professionally and to the point. He argued the facts and made sure that my rights was not violated. I am happy to report that…
I hired Scott in the middle of my 2 yearlong custody modification case. After discussing with Scott about how I felt I did not have an aggressive enough lawyer with my first lawyer for the case, I was fighting against ex-husband, Scott gladly took the case. Scott and Madysn were extremely responsive with questions that…
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His…
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but…
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers.…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful…
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott will forever be regarded by myself as the best divorce lawyer in Jefferson City bar none. His service, expertise, knowledge and dedication to all of his clients is top notch. I hope that no one ever finds themselves in a position of his services, but if you do, you cannot make a wrong choice…
I originally hired a family attorney in Columbia, who said he would fight to keep my rights with my young daughter. After a month, this Columbia attorney stated that I should just settle and do 50/50 custody with my daughter's biological father. I was not satisfied with this response so I hired Scott Hamblin instead.…
Scott was honest, he was straightforward, and the best of all he was good at what he does. He's very knowledgeable and practices his craft well. I had a 10/10 experience with Scott and will trust no other attorney to handle my case.
Scott Hamblin is a great attorney. Between Scott and his legal assistant Madasyn, I felt like all my questions were answered promptly and thoroughly. Scott is very knowledgeable and was very well prepared for trial. I would recommend Scott to anyone needing an attorney.
Can't say enough good things about Mr. Hamblin and his team. They're responsive, treat your case like it's their own, and are personable as can be. Court can be daunting, but they are there to help you through every step of the tough process. Madasyn is part of this team and deserves to be recognized…
10/10 recommend Mr. Scott Hamblin. Mr. Hamblin and his legal assistant Madasyn have been wonderful throughout my whole case and very prompt, and helpful the whole time. He was very thorough and left nothing missed during my whole case. Questions were answered quickly throughout the process whether through email, phone or in person. As well…
Scott recently provided outstanding representation for my divorce. He was well-prepared throughout the course of the litigation and trial, resulting in a very favorable outcome for me. Scott is a very bright attorney who takes pride in his work, and it shows. He is truly in a league of his own.

For accessible and experienced representation, contact attorney Scott Hamblin today.