Indianapolis Domestic Violence Defense Attorney

Defending Against Domestic Violence Allegations in Indiana

In recent years, Indiana law enforcement has stepped up its efforts to curb incidents of domestic violence. As a result, domestic violence crimes 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 to not have charges 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 criminal law experience, 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 heading of “domestic violence.” These can include both current and former individuals with whom you have or have had a relationship. 

Many crimes can be considered as domestic offenses, 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 order other demands and restrictions that can seriously impact your life. 

Facing Domestic Battery Charges

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 up to over 30 years in prison.

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 and 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 cases 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 upgraded 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.

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

Building a Strong Defense Against Domestic Violence Charges

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 can help. 

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 LLC Office LLC is here to help.

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.