Indiana Domestic Battery Lawyer
Not only is domestic battery a serious crime in Indiana, but it is predominant across the nation as well, which is why the laws are designed to protect the alleged victim and severely punish the alleged offender. Merely being arrested for domestic abuse can result in harsh consequences, which include being subject to a protective order.
If you have been accused of domestic battery in Indianapolis, look no further than our attorney at the Law Office of B.D. Williams to defend you inside and outside the courtroom.
Charged With Domestic Battery In Indiana?
In the state of Indiana, victims of domestic battery may seek protection against domestic violence through both criminal and civil courts. A domestic violence charge may be filed by the state attorney’s office as a misdemeanor or a felony. The filing decision is often based on the facts of the case, the credibility of the victim and witnesses, and the severity or existence of injuries.
Contact our Indianapolis domestic battery defense lawyer online or by calling (463) 583-2102 to arrange for a free, initial consultation about your case.
What Is Domestic Battery In Indiana?
Domestic battery is a term that refers to any kind of violence you allegedly commit against a person with whom you have a close relationship. Numerous types of crimes fall under the category of domestic violence or domestic battery. In Indiana, the term “domestic violence” is a general label that often refers to domestic battery but can include other crimes as well, such as stalking, harassment, kidnapping, criminal trespass, invasion of privacy, or even homicide. These crimes can also be committed against foster parents, guardians and wards of guardians.
Domestic battery is any act of intentional touching that inflicts injury against one or more of the following individuals:
- Spouse
- Child
- Person that you are in a domestic relationship with
- Roommate
Actually, not much evidence is needed to place someone under arrest for allegedly committing domestic battery. Unfortunately, what occurs a majority of the time is that the police arrive on scene and usually make an arrest. That in itself is a reason that you need excellent legal representation in a domestic battery case.
Examples Of Domestic Battery
Some examples of domestic violence offenses are as follows:
- Assault inflicting physical injury by strangulation
- Assault in the presence of a minor
- Cyberstalking
- Stalking
- Violation of a domestic violence protective order
Indiana Domestic Battery Penalties
Domestic battery is defined as knowingly or intentionally making contact with the alleged victim in a rude or angry manner or placing bodily fluid or waste on the alleged victim in a rude or angry manner. It can be charged at the misdemeanor or felony level, depending on the circumstances.
Being convicted of domestic violence battery comes with several potential penalties. For a first offense, it is generally charged as a Class A misdemeanor, punishable by up to a year in jail and a fine of up to $5,000. However, your sentence may be suspended, and you may be granted probation. In more serious cases, domestic battery can be charged as either a Level 6 or Level 5 felony. This can occur in cases involving prior convictions, serious bodily injury, deadly weapons and other aggravating conditions. These types of felonies carry prison terms ranging from six months to up to six years and fines of up to $10,000. Other penalties can include domestic battery counseling or programs as well as negative immigration consequences for noncitizens.
Protective Orders In Indiana
One of the consequences of a domestic battery charge can be a protective order (also known as a restraining order) issued against you by the court. These orders can restrict any contact with your accuser, order you to vacate the family residence, restrict or deny access to your children, and prohibit or order any other conditions the court deems appropriate.
Domestic battery charges can be a life-changer, and the end result involves you having a criminal record. You need to fight back with a strong defense. Attorney Brian Williams understands how important his work can be to your life, your freedom and your future. You can depend on him, a proven defender who is backed by decades of experience both inside the courtroom at trial and outside the courtroom in negotiations with prosecutors. Let him use that experience to help you pursue a favorable result.
Call An Indiana Domestic Battery Attorney
Whether you are facing misdemeanor or felony domestic battery charges, the penalties can disrupt both your personal and professional life, and you will end up with a criminal record. Our lawyer will protect your rights with the skill, knowledge and courage you need. Don’t wait to get started on your defense, contact us at (463) 583-2102. You need a passionate Indianapolis domestic battery defense attorney on your side who will work to produce results.
Frequently Asked Questions
What is considered a domestic battery in Indiana?
Domestic battery in Indiana refers to intentional, harmful contact or physical harm inflicted on a person with whom the accused has a close relationship, such as a spouse, child, or roommate. It includes acts like assault, harassment, and other forms of abuse.
What are the penalties for domestic battery in Indiana?
Domestic battery can be charged as a misdemeanor or felony depending on the case’s severity. Penalties can range from up to one year in jail for a misdemeanor to six years for a felony, along with fines up to $10,000. Additional consequences may include mandatory counseling and potential immigration impacts for noncitizens.
Can I still be arrested if there’s little evidence?
Yes. In Indiana, arrests for domestic battery can occur even with minimal evidence. Law enforcement often detains individuals as a precautionary measure if an allegation is made, highlighting the importance of having legal representation early in your case.
What is a protective order, and how does it affect me?
A protective order (or restraining order) is a court mandate that restricts the accused from contacting the alleged victim. It may also include orders to vacate shared homes, restrict child access, or enforce other conditions. Violating these orders can result in additional legal consequences.
What should I do if I’ve been accused of domestic battery?
If accused of domestic battery, consult with an experienced attorney as soon as possible. An attorney can help protect your rights, build a strong defense, and advise you on the best steps to avoid additional complications in your case.
Can domestic battery charges be dropped in Indiana?
Yes, domestic battery charges can sometimes be dropped or reduced, but this is generally at the discretion of the prosecutor. Working with a skilled defense attorney can help in negotiating with the prosecutor to pursue a favorable outcome.
How can a lawyer help me in a domestic battery case?
A lawyer can evaluate the evidence, identify potential defenses, negotiate with prosecutors, and represent you in court. An experienced defense attorney can advocate on your behalf, aiming to reduce or dismiss charges and minimize the impact on your life.
