Local Domestic Battery Attorney in Carmel, IN
A disagreement among family members or people living together can escalate into a criminal case if police are called to the residence and an allegation of physical touch is made. Following an arrest, a defendant’s liberty, home life, and ability to speak with the alleged victim can be restricted while charges are pending. A Carmel domestic battery lawyer can review the events leading up to, during, and after an alleged offense.
Serious Cases Receive Serious Resources
At The Criminal Defense Team, our lawyers have more than a century of combined experience. Cases are assigned with at least two attorneys and a paralegal working on each matter. This allows room for collaboration and group brainstorming sessions as we develop your defense.
Only six criminal lawyers in Indiana are Board-Certified* Criminal Trial Specialists, and five of them work at The Criminal Defense Team. Should you find yourself facing criminal charges in Carmel, securing a lawyer tailored to your specific legal requirements is crucial. Just as you would visit a specialist if you faced a serious medical issue, you can consider criminal trial experience when hiring an attorney.
When Can an Argument Become Domestic Battery?
Indiana law governing domestic battery, Indiana Code § 35-42-2-1.3, typically requires proof that you knowingly or intentionally touched the victim in a rude, angry, or insolent manner. Those in a domestic relationship include:
- Spouses or former spouses
- Dating partners
- People who have a child in common
- Certain relatives
- Qualifying household members
Domestic battery does not have to result in physical injury. There can be some dispute over whether physical contact occurred, who initiated the contact, and whether the resulting touching satisfies the elements in the statute. That distinction can therefore become important in a domestic battery case.
Carmel domestic battery charges can occur due to allegations that happen at residences and apartments all over the city. Neighborhoods such as those near Keystone Parkway, Westfield Boulevard, and along the US-31 corridor have also seen charges filed. If charged in Carmel, defendants are required to travel north to Noblesville and the Hamilton County Government and Judicial Center.
Domestic violence charges are taken seriously at every stage of Indiana’s criminal justice system. The Indiana 2024 Domestic Violence Fatalities Report shows that there were 83 domestic violence deaths caused by 61 incidents in 2024. Firearms were involved in 61 of these fatalities.
What Happens With a No-Contact Order?
Your bond conditions or a no-contact order can create some of the most impactful short-term consequences of a domestic battery allegation. A no-contact order may be issued per the request of the alleged victim or as a condition of pretrial release. This restriction can apply to physical proximity or electronic contact. The specific order might prohibit phone calls, text messages, contact through social media, or even talking through another person.
Life can become even more complex if you share children or if you have intertwined finances, living spaces, or personal property. That does not mean you should contact the protected person if they wish to speak with you. This can harm your case. However, you should contact a Noblesville domestic battery lawyer to see if you can seek a modification. Changes to a court order should be pursued through court.
First-Offense and Repeat-Offense Penalties
A typical first domestic battery charge is a Class A misdemeanor under Indiana domestic battery laws. Under Indiana Code § 35-50-3-2, the penalty for a Class A misdemeanor is up to one year in jail and up to $5,000 in fines.
Additional penalties can apply if you have a prior conviction on your record. Even higher penalties can apply if the new allegation includes additional aggravating factors. Aggravating factors include:
- Utilizing a deadly weapon
- Offense against a minor or vulnerable person
- Prior convictions
- The alleged victim suffers serious injury
Because of these variables, domestic battery does not have one set penalty for repeat offenses. The previous conviction and specific facts surrounding the new charge must be evaluated before determining possible penalties. Courts in Carmel may be located at 1 Hamilton County Square, Noblesville, IN 46060, in the Hamilton County Government and Judicial Center.
FAQs
What if Both People Accuse Each Other of Domestic Battery?
In cases where both people claim the other hit them, law enforcement officers and prosecutors may look at injuries, witness testimony, call recordings if available, evidence from the scene, and each individual’s statement regarding who started the altercation. An officer is not required to arrest both people just because they made competing accusations against one another.
Self-defense and who started the use of unlawful force may become important issues in these situations.
Can Domestic Battery Charges Affect Child Custody in Indiana?
Domestic battery charges may affect child custody in Indiana. Simply having a domestic battery charge is not enough to automatically lose custody of a child, but claims of family violence or domestic battery could be used in other family court proceedings. Indiana courts look at statutory factors when determining child custody. When involved in custody battles, criminal defendants should be aware that certain statements and decisions could impact that case as well.
Does a Domestic Battery Charge Show Up on a Background Check?
A domestic battery charge that is pending can show up on some criminal background checks before there is a conviction. Whether an arrest or conviction shows up on a background check depends on the records searched and the type of background check being run. Domestic violence charges can pose challenges for defendants looking for employment, housing, or certain professional licensing opportunities.
Can Domestic Battery Affect My Right to Own a Firearm?
Yes, in some instances, domestic battery can affect your right to own a firearm. Domestic violence charges can affect your ability to possess a firearm under federal law and Indiana law if you are convicted of certain domestic battery charges or are restrained by specific types of orders. Because there are firearm consequences under both Indiana law and federal law, defendants should not assume they can or cannot legally possess a firearm.
Hire a Domestic Battery Lawyer Today
The Criminal Defense Team works with a 24/7 lawyer on-call system so we can help our clients with urgent criminal defense matters. Five of Indiana’s six Board-Certified Criminal Trial Specialists* are part of the team at The Criminal Defense Team. Contact us to see how we can help you with your Carmel domestic battery charge and any unique legal concerns for you and your family.
*Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.