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Indianapolis Domestic Violence Lawyer

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Domestic violence is one of the more common violent crime charges filed in Indiana, but it is also one of the most devastating. The moment someone accuses you of domestic violence or domestic battery, actions will be taken against you. The court will likely lodge an order of protection against you until the end of the proceedings, which might be a while.

Why Choose Our Domestic Violence Lawyers in Indianapolis?

The Criminal Defense Team in Indianapolis is here to stand up for you and defend you against domestic violence accusations. We know how to negotiate with prosecutors to lift restrictive and justified orders of protection before the case concludes, so you can get your freedom back sooner than later. Throughout the years, our team of criminal defense attorneys in Indianapolis  have successfully defended men and women from felony and misdemeanor domestic violence charges, often before a trial was necessary. With our experience and tenacity, you don’t need to look toward any other law firm for a powerful defense.

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Don’t wait another day. Call (317) 687-8326 now to speak with our Indianapolis domestic violence lawyers today!

Domestic Violence Offenses

Our Indianapolis domestic violence defense lawyers can outmaneuver the prosecution at every step. We have worked on many different domestic violence cases, so we can anticipate the opposition’s next move. Our experience also means that you can trust us to fight any domestic violence charge.

Domestic violence can include a variety of different offenses, such as:

  • Domestic battery – Domestic battery involves touching certain family or household members in a rude, insolent, or angry manner. This includes someone with whom you are or were currently married, share a child in common, had an intimate relationship, or lived together.
  • Aggravated battery – Aggravated battery occurs when someone knowingly or intentionally inflicts injury on someone else and causes serious permanent disfigurement, protracted loss or impairment of a body part, or the loss of a fetus.
  • Criminal confinement – Criminal confinement involves knowingly or intentionally confining another person against their will. 
  • Harassment – Harassment is conduct directed toward someone else that involves repeated or continuing impermissible contact that would cause a reasonable person to suffer emotional distress and causes the alleged victim to suffer emotional distress. 
  • Criminal stalking – A person commits criminal stalking when they knowingly or intentionally engage in a course of conduct that involves the repeated or continuing harassment of another person. The victim must have felt terrorized, frightened, intimidated, or threatened, as would a reasonable person under the same circumstances. This offense can be elevated to a Level 5 felony if the person makes a threat, intending to place the alleged victim in reasonable fear of sexual battery, serious bodily injury, or death or it violates an order of protection or other judicial order. 
  • Criminal trespassing – Criminal trespassing occurs when someone does not have a contractual interest in someone else’s real property and knowingly or intentionally enters the property after they were denied entry by the person, were asked to leave the property, or did not have permission to enter the property, interferes with someone else’s use or possession of the property without their consent, accompany someone else in a vehicle knowing the person took unauthorized control of the vehicle, or enters someone else’s property in violation of a court order.
  • Homicide – Indiana law defines homicide as the killing of one human being by another human being without legal justification. 
  • Invasion of privacy or property – A person can be charged with invasion of privacy or property when they violate various judicial or legal orders that prohibit the person from contacting the alleged victim or being in certain places.
  • Kidnapping – Kidnapping is defined under Indiana law as the act of knowingly or intentionally removing another person from one place to another by enticement, force, or threat of force. The offense is elevated if the alleged victim is 13 years old or younger and not the defendant’s child, involves the use of a vehicle, results in bodily injury to someone other than the defendant, is committed while the defendant is armed with a deadly weapon, is committed on an aircraft, involves hijacking a vehicle, or is committed to obtain a ransom, to release or aid in the escape of an incarcerated person, or to use the alleged victim as a hostage or shield.
  • Neglect and abuse – Sexual abuse, physical abuse, illegal manufacturing of a drug or controlled substance where a child lives, or allowing a child to commit a sex offense are all forms of child abuse or neglect in Indiana. 
  • Strangulation – Strangulation is defined as knowingly or intentionally applying pressure to the throat or neck, obstructing the nose or mouth, or applying pressure to the torso of another person, in a rude, angry, or insolent manner in a manner that impedes the normal breathing or blood circulation. The offense is elevated if the alleged victim was pregnant and the defendant knew this or the defendant had a previous conviction.
  • Violation of a protective order – Indiana law allows alleged victims to obtain various types of protective orders, including protection orders, no-contact orders, workplace violence restraining orders, and child protection orders. Violating any of these orders can result in additional criminal charges against the alleged offender.

These offenses are serious and can result in serious consequences.

What are the Penalties for Domestic Violence in Indianapolis?

A domestic violence conviction can devastate your freedom, personal life, and professional life, more so than most other convictions. Indiana has specific laws and penalties in place to address domestic violence. Domestic violence is a serious crime in the state, and penalties can vary depending on the specific circumstances of the case, the severity of the offense, and the defendant’s prior criminal history. If you want to preserve your rights, freedom, finances, and reputation, then you have to fight to avoid a conviction.

Domestic Battery

Causing bodily injury to a family or household member is typically classified as a Class A misdemeanor. This can result in penalties such as up to one year in jail and fines of up to $5,000.

Domestic Battery with Prior Conviction

If the defendant has a prior domestic battery conviction, the offense can be elevated to a Level 6 felony. Penalties may include a prison sentence of up to 2.5 years and fines.

Aggravated Battery

If the domestic violence incident involves more severe injuries or other aggravating factors, it may be charged as aggravated battery, which can range from a Level 3 felony to a Level 5 felony. Penalties can include significant prison time and substantial fines.

Strangulation

Strangulation is treated seriously in Indiana and can be charged as a Level 6 felony. If the act results in serious bodily injury, it can be charged as a Level 5 felony. Penalties can include prison time and fines.

Protective Order Violations

The court may issue protective orders or no-contact orders to protect the victim from further harm. Violating these orders can result in additional criminal charges.

Sentencing Enhancements

Indiana has sentencing enhancements for individuals with prior domestic violence convictions. These enhancements can lead to more severe penalties for repeat offenders.

Additional Penalties

In addition to the possible jail time and fines that can come along with a conviction for a domestic violence offense, other potential penalties include:

  • Community service requirements that interfere with your job or schooling
  • Being required to take and pay for anger management or intervention programs
  • Being excluded from certain types of employment, not being able to obtain security clearance, and (if you are in the military) other negative effects on your military career
  • Restraining or protective orders that limit your rights and where you can be
  • Immigration consequences, including possible removal proceedings
  • The potential to have your parental rights terminated, being subject to supervised visits, and other negative custody outcomes

An experienced criminal defense lawyer can help fight to protect you from these serious consequences.

What to Do If Arrested for Domestic Violence

Are you worried that your spouse or another household member might accuse you of domestic violence soon? For example, did you recently get into a loud verbal argument that you think they might misconstrue into an act of violence? They might be planning on accusing you of domestic violence, which means you should already plan how you will react if you are accused and arrested for it.

If you are arrested for domestic violence, you should:

  • Remain calm during the arrest and comply with their instructions. Ask for a clear reason why you are being arrested and what rights you have as someone who is being placed under arrest. Otherwise, you don’t have to say much.
  • Don’t try to use this time to convince the officer that you are innocent. It’s not their job to decide if you’re innocent or guilty. Talking too much might risk you saying the wrong thing.
  • Use your right to remain silent once you have shared identifying information about yourself. You don’t have to answer any questions you don’t want to answer without a lawyer present once you invoke this right.
  • Hire a domestic violence defense attorney from The Criminal Defense Team. The sooner we can jump to your defense, the better.
  • Write down whatever notes that you can about the arrest and the moments leading up to it. You could create the strongest evidence to use in your favor later just by taking good notes.

Defense for Domestic Violence Charges

Defending against domestic violence charges can be complex, but there are several defense options and strategies that may be applicable, depending on the facts of the case.

  1. Self-Defense: You may argue that you acted in self-defense to protect yourself or others from harm. To successfully use this defense, you must demonstrate that your actions were reasonable and necessary in response to a threat.
  2. Lack of Evidence: Your attorney can challenge the prosecution’s evidence, including witness testimony, physical evidence, or the credibility of the alleged victim. If there is insufficient evidence to prove the charges beyond a reasonable doubt, the case may be dismissed or result in an acquittal.
  3. False Accusations: If you believe you have been falsely accused, your attorney can help you gather evidence to support your innocence. This may include alibi witnesses, surveillance footage, or text messages that contradict the accuser’s claims.
  4. Consent: If the alleged victim consented to the actions that led to the charges, you may be able to argue that there was no criminal intent or wrongdoing.
  5. Establishing an Alibi: If you can prove that you were not present at the location or time of the alleged incident, this can be a strong defense.
  6. Mental Health or Incapacity: If you have a mental health condition or were under the influence of drugs or alcohol at the time of the incident, your attorney may argue that you lacked the capacity to form criminal intent.
  7. No Intention to Cause Harm: Demonstrating that your actions were not intended to cause harm or that the harm was accidental can be a viable defense strategy.
  8. Plea Bargain: In some cases, it may be advisable to negotiate a plea bargain with the prosecution. This could involve reduced charges or sentencing in exchange for a guilty plea.
  9. Pretrial Diversion or Counseling: Indiana may offer pretrial diversion programs or counseling for individuals charged with domestic violence. Completing such programs could lead to a reduction in charges or penalties.
  10. Constitutional Violations: Your attorney can review the circumstances of your arrest and the evidence gathering process to determine if there were any violations of your constitutional rights, such as an illegal search and seizure.

Trust Our Board-Certified Defense Lawyers

Indiana has five Board-Certified Criminal Law Specialists. Four of them are here at The Criminal Defense Team in Indianapolis.

To become a Board-Certified Criminal Law Specialist, a criminal defense attorney must pass a notoriously rigorous exam to prove their full understanding of criminal law and related procedures. Most domestic violence attorneys in Indianapolis will never even attempt this difficult exam. Many who do attempt it will not pass.

You can rest easy knowing that Board-Certified Criminal Law Specialists are on your side and defending your rights in a domestic violence case. Specialization is more than just a badge, it is proof that we can handle the most difficult cases and stand up to the strongest prosecutions.

Take Action to Defend Yourself Today

Do not wait another day to start defending yourself against a domestic violence accusation or charge. Your entire future can be disrupted if you are convicted. Serious reputation damage can happen just from the accusation if you leave it unchallenged.

Act right now to defend yourself. Get The Criminal Defense Team and our Indianapolis domestic violence lawyers on your side today.

Contact us online or dial (317) 687-8326 to speak with our Indianapolis domestic violence attorneys right away.

Domestic Violence Defense FAQ

Are domestic violence charges a misdemeanor or felony?

In Indiana, most domestic violence charges are filed as Class A misdemeanors. However, it is entirely possible for domestic violence to be filed as a felony charge. If the alleged violence results in a serious injury, for example, then it could be a felony. Note that if you’ve been charged with a felony, contact our felony defense attorneys in Indianapolis today.

What defenses can I use if charged with domestic violence?

You could have a variety of defense strategies to use when accused of domestic violence depending on the situation. You might be able to argue that you acted in self-defense, that the allegations are entirely false, or that the injury happened by accident, for example. Finding the right defense is simpler when you leave The Criminal Defense Team in charge of your case.

How is a domestic relationship defined in Indiana?

Typically, a domestic relationship involves a couple, family members, or people who share a household like roommates. It can also apply to people who were once a couple or who had lived together in the past.

Can the charges be dropped or dismissed in a domestic violence case?

The charges in a domestic violence case can potentially be dropped or dismissed, but it depends on the specific circumstances of the case. Factors that may influence the outcome include the available evidence, witness testimonies, the cooperation of the alleged victim, and the discretion of the prosecuting attorney. An experienced domestic violence defense attorney can assess the details of the case, identify any weaknesses in the prosecution’s evidence, and work to negotiate with the prosecution for a reduction in charges or a dismissal. However, it is important to consult with an Indianapolis domestic violence attorney who can provide personalized advice based on the specific facts of your case.