Indianapolis Domestic Violence Defense Attorney

Defending Against Domestic Violence Allegations in Indiana

In recent years, Indiana law enforcement has reinforced its efforts to curb incidents of domestic violence. As a result, domestic violence cases are one of the most common causes of arrest in Indiana.

While a small percentage of domestic disputes result in serious injury to the victim, most domestic violence arrests are the result of arguments that involve shouting, verbal threats, or minor physical clashes. As a consequence, when charged with domestic violence, you may fail to recognize the severity of the charges.

You may assume that prosecutors will not aggressively seek a conviction or jail time since no serious injuries occurred. However, this simply is not the case. When accused in a domestic incident, the other party may request that charges not be filed against you. Even when this occurs, do not assume that charges will be dropped. The prosecutor has the right to pursue charges with or without the consent of the alleged victim. Prosecutors rarely choose to simply drop charges. That is why you need the services of a proven defender.

Your chances of success will increase if you are able to present a strong defense. Colasessano Law LLC can provide the vigorous defense you need. We are backed by over 30 years of exclusive experience in criminal law, both negotiating with prosecutors and before judges and juries. 

Arrange for a free, initial case evaluation with our Indianapolis domestic violence attorney. Contact us online or at (317) 203-8541. Serving Indianapolis and the surrounding areas.

Understanding Domestic Violence Laws in Indiana

A crime that threatens or causes any type of violence against a family or household member, dating or sexual partner, or unmarried co-parent of a shared child, falls under the category of “domestic violence.” These can include both current and former individuals with whom you have or have had a relationship. 

Many offenses can be considered as domestic crimes, including battery, aggravated battery, stalking, harassment, strangulation, criminal trespass, kidnapping, invasion of property, and more. These crimes carry criminal penalties as well as the potential of a restraining order issued against you as the alleged aggressor. These can order you to vacate the shared home, ban any contact with the alleged victim, and impose other demands and restrictions that can seriously impact your life. 

In Indiana, the legal definition of domestic violence is specifically tailored to protect those vulnerable to abuse within their own homes. Legislative updates have provided broader power to law enforcement to arrest and detain individuals suspected of domestic violence, even if physical evidence is minimal. This proactive legal stance requires individuals facing accusations to understand that domestic violence charges hold considerable weight, necessitating a robust legal defense strategy.

It’s also crucial to recognize that Indiana has instituted mandatory arrest policies in certain situations, where an officer suspects domestic violence has occurred. Such measures, although aimed at immediate protection, may inadvertently lead to wrongful arrests, thus highlighting the importance of individuals understanding their rights and seeking swift legal assistance.

Understanding Domestic Battery Charges in Indianapolis

Domestic battery is the most common charge associated with domestic violence. It consists of touching the other person in a “rude, insolent, or angry manner.” It is charged as a Class A misdemeanor carrying penalties of up to a year in jail or on probation, and a fine of up to $5,000. 

Domestic battery becomes a Level 6 or 5 felony when you have a prior conviction or in other circumstances, such as: 

• Committing the offense in the presence of a minor
• Causing moderate or serious bodily injury
• Committing the offense against a pregnant woman who suffers bodily injury
• When you are at least 18 and the alleged victim is less than 14
• When you are the caretaker of a mentally or physically disabled alleged victim
• When the alleged victim is an endangered adult

These felony offenses carry up to $10,000 in fines along with prison sentences ranging from six months up to six years. In very serious cases, Level 2 felony charges may apply resulting in 10 to over 30 years in prison.

It is critical to understand that a felony conviction can have long-lasting impacts beyond initial penalties. Not only could you face extended time in prison and substantial fines, but a felony record can also affect your civil rights, such as the right to vote, and pose challenges in securing housing or employment due to background checks. Engaging a knowledgeable attorney well-versed in these dynamics is essential to navigating your defense adeptly.

Any conviction of a domestic violence offense will result in a permanent criminal record that can make it difficult to find employment, advance your career, rent an apartment, qualify for a professional license, or for educational aid. An Indianapolis domestic violence attorney will investigate your case and identify the best defense strategies to protect your rights.

Criminal Penalties & Consequences for Domestic Violence Convictions in Indiana

In Indiana, a conviction for domestic violence can result in a range of penalties, depending on the severity of the offense and whether you have any prior convictions:

• Misdemeanor Charges: In some cases, a domestic violence charge may be classified as a Class A misdemeanor. If convicted, you may face up to one year in jail, fines of up to $5,000, or both.
• Felony Charges: More severe domestic violence incidents may lead to felony charges. Felony charges in domestic violence cases can result in harsher penalties, including several years in prison and substantial fines. If the incident involved a weapon or caused serious injury, the charges could be elevated to a more severe level of felony.
• Protective Orders: In many domestic violence cases, a court may issue a protective order (also known as a restraining order) to prevent contact with the victim. Violating a protective order can lead to additional criminal charges and penalties, including potential jail time.
• Loss of Child Custody or Visitation Rights: Domestic violence charges can impact your ability to gain or retain custody of your children. In a divorce or family law case, a domestic violence conviction can heavily influence child custody decisions.
• Employment Issues: A criminal conviction may impact your ability to find or retain employment, particularly if your job requires a background check or involves working with vulnerable populations.
• Social Stigma: A domestic violence conviction can result in social stigma and damage to your reputation, both in your personal and professional life.

These legal and personal consequences highlight the importance of having a comprehensive defense strategy. An effective defense might involve gathering evidence to challenge the credibility of the allegations, positioning alternative narratives, or negotiating lesser charges. Legal defenses can also include demonstrating self-defense, lack of intent, or misidentification, depending on the specifics of the incident.

In Indiana, it’s also important to be aware of the state’s unique “no retake” policy, which means once charges are filed, they are rarely dismissed by prosecutors, even if the alleged victim wishes to drop the charges. This policy further underscores the necessity of a strategic, informed approach to each individual’s defense, guided by seasoned legal professionals who can navigate such rigid legal frameworks.

Having a trusted Indianapolis domestic violence lawyer to protect your rights is critical to minimizing the consequences of these charges.

Building a Strong Defense with a Domestic Violence Lawyer in Indianapolis

Many domestic violence charges are based on exaggeration, lies, and misrepresentation by the alleged victim, especially in cases of divorce and custody disputes. Having an experienced and aggressive attorney who will thoroughly investigate your case can make a difference in whether your charges lead to penalties or not.

At Colasessano Law LLC, we prepare thoroughly for all contingencies and work diligently in pursuing a favorable outcome. Read the testimonials of our former clients to learn more about how we can help. Considerations for building an effective defense include scrutinizing evidence for inconsistencies, evaluating witness statements, and compiling alibis when applicable. We also assess the motivations and backgrounds of all parties involved, ensuring a thorough perspective in formulating defense tactics. 

Contact Our Indianapolis Domestic Violence Attorneys Today

Facing domestic violence charges can feel overwhelming, but you do not have to go through it alone. An Indianapolis domestic violence attorney can provide you with the legal support and guidance needed to navigate the complexities of your case and protect your future. 

Whether you are fighting for your rights in criminal court or seeking to resolve related family law matters, our team at Colasessano Law Office LLC is here to help. Call today to get started on your case.

Frequently Asked Questions About Domestic Violence in Indianapolis

What Are My Rights After Being Arrested for Domestic Violence?

If you are arrested for domestic violence in Indianapolis, it is crucial to remember that you have specific rights throughout the judicial process. First and foremost, you have the right to remain silent once arrested, meaning you do not have to answer law enforcement's questions without a lawyer present. It's advisable to politely exercise this right until you can secure legal representation. You also have the right to legal counsel, which can be critical in navigating the complexities of domestic violence charges. An attorney will help you understand the charges, develop a defense strategy, and ensure that your rights are protected throughout the process. Additionally, you have the right to a fair trial, where evidence against you must be presented, and you have the opportunity to defend yourself against these charges. Understanding these rights can make a significant difference in how your case is managed.

Can a Domestic Violence Charge Be Expunged in Indiana?

Indiana allows for the possibility of expunging certain criminal records, including those related to domestic violence, under specific conditions. For a charge to be eligible for expungement, certain criteria must be met, such as the completion of all court-ordered penalties and the lapse of a designated waiting period post-conviction or charge dismissal. However, domestic violence charges that resulted in a conviction involving bodily injury are typically more challenging to expunge. Those seeking expungement should consult with legal counsel to accurately understand their eligibility based on personal circumstances and Indiana's expungement laws. Successfully expunging a domestic violence charge can erase the public record of your arrest or conviction, potentially ameliorating obstacles related to employment, housing, and social stigma that accompany a criminal record. It’s an important step for many wanting to move forward with their lives while avoiding the lasting repercussions of past allegations.

How Does Indiana Define a Family or Household Member?

In the context of domestic violence, Indiana law has a broad definition of a family or household member, which is pertinent when charges are considered. The law encompasses not only spouses and former spouses but also individuals who are currently or have been in a dating relationship, those who share a child in common, and relatives by blood or marriage, including step-relatives. Additionally, those cohabitating or who have cohabitated together as a family, even without legal or official familial ties, are considered household members. This wide array of definitions is designed to offer comprehensive protection to those who might be affected by domestic violence, recognizing the evolving nature of family and domestic relationships. Understanding the state's legal framework can be crucial when facing allegations, ensuring that defenses are appropriately aligned with the specific relational dynamics involved in the charge.

What Should I Do If I’m Served with a Protective Order?

Receiving a protective order can be alarming, but it is essential to handle it responsibly and legally. First, carefully read the order to understand all the prohibitions and areas it covers; many orders will include restrictions on contact, communication, and proximity to the petitioner. Violating these terms can result in additional criminal charges. Respond promptly by consulting with a qualified attorney to understand your legal standing and options. It is possible to challenge a protective order in court, where presenting evidence and testimony can argue against its necessity or request modifications. Acting within legal parameters is crucial, as courts take violations seriously. Additionally, maintaining copies of all related documents and communications can be beneficial for any legal proceedings that might follow, ensuring you have a detailed record to support your defense where applicable.

How Can I Defend Against False Domestic Violence Accusations?

False accusations of domestic violence can profoundly impact one's personal and professional life, so building a strong defense is vital. Start by collecting any evidence that can counter the claims, such as witness testimonies, text messages, emails, or other communication records that dispute the accuser's narrative. Enlist the help of a seasoned attorney who can bring professional experience to dissect the allegations and construct a legally sound defense. In some cases, it might be effective to file for legal reprisals if the allegations are proven baseless, helping clear your record and potentially seek damages for defamation. Remember that Indiana courts require proof beyond a reasonable doubt, so the more substantiated your defense strategy, the greater your potential for a favorable outcome.

The first step after an arrest is to consult with a trusted domestic violence attorney in Indianapolis. Contact us online or at (317) 203-8541 to schedule your introductory consultation about your case today.