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Anderson, IN Domestic Violence Lawyers
Indiana takes accusations of domestic violence seriously. If you are accused of harming someone you have a familial or close relationship with, you could face significant criminal charges. The accusations could also impact any family matters going on in court, such as a divorce or child custody dispute. If you are accused of domestic abuse or someone is trying to take out a restraining order against you, contact GDS Law Group, LLP to speak with a domestic violence lawyer.
We will carefully review your situation to determine the strongest defense against a restraining order or criminal charges. You can reach us through our online form, or by calling (765) 313-7092.
Indiana Domestic Violence Law
In Indiana, many offenses are considered domestic violence when they occur or are attempted between certain individuals with personal relationships – not friends, acquaintances, or strangers. If a judge determines you committed a violent or other serious crime against a family member, household member, or current or former intimate partner, then the offense may constitute domestic violence and result in additional penalties.
If you are accused of abuse toward a family member, household member, or romantic partner, call a domestic violence defense attorney right away. These accusations can have a dramatic effect on your life. You need a lawyer to help you immediately defend yourself in either civil or criminal court and keep a domestic violence conviction off your record.
When Does a Crime Constitute Domestic Violence?
Under Indiana Code (IC) §35-31.5-2-76, crimes involving domestic violence encompass when a family or household member commits or tries to commit certain offenses against other family or household members, including:
- Kidnapping or criminal confinement
- Human or sex trafficking
- Sex offense
- Arson or criminal mischief
- Burglary or trespass
- Disorderly conduct
- Intimidation or harassment
- Animal cruelty
- A current or former spouse
- A current or former parent or guardian
- The other parent of a child
- A household member
- An intimate partner
- You have a previous battery conviction
- You are at least 18 years old and you committed the offense in the presence of a minor under the age of 16 years, knowing they minor was present
- You caused moderate bodily injury to a family or household member
- You are at least 18 years old and commit the offense against someone younger than 14 years old
- You commit the offense against a family or household member who has a mental or physical disability and whom you have a responsibility to care for
- You commit the offense against an incompetent adult.
- You cause a family or household member serious bodily injury
- You committed the offense with a deadly weapon
- You injure someone you knew to be pregnant
- You have a previous conviction for battery against the same household or family member
- You are at least 18 years old and cause bodily injury to a minor younger than 14 years old
- You cause bodily injury to a household or family member who has a mental or physical disability and whom you are responsible for
- You cause bodily injury to an incompetent adult
- Challenges getting into a college or graduate program
- Trouble obtaining private scholarships and grants
- Ineligibility or trouble obtaining certain professional licenses
- Difficulty maintaining a job
- Difficulty renting or obtaining housing assistance
- Challenges obtaining loans
- Decrease in or loss of child custody or parenting time
- Immigration issues
- Loss of right to own or possess firearms
- You acted in self-defense or defense of others.
- You have been falsely accused and your accuser has ulterior motives.
- You did not have a personal relationship with your accuser.
- There is insufficient evidence for the prosecutor to prove you committed the offense beyond a reasonable doubt.
Additionally, domestic violence includes committing or attempting to commit a crime with the use of physical force or threatening the use of a deadly weapon when it is committed against:
If you are unsure of whether or not the charges you are facing constitute domestic violence, or you believe you are wrongly accused of domestic violence because you lack a personal relationship with your accuser, contact a domestic violence attorney right away.
Domestic Violence Arrests
If someone contacts the police accusing you of domestic violence, it is probable you will be arrested and jailed. Indiana law dictates that anyone arrested for domestic violence must be kept in custody for at least eight hours after the arrest. Only after eight hours can you be released on bail. You may also face additional conditions of bail that other defendants would not, such as the requirement to wear a GPS tracking device. Not only might you be required to wear such a device, you may have to pay for it yourself.
If you have been falsely accused of domestic violence and arrested, contact a domestic violence lawyer at GDS Law Group, LLP immediately. We will fight to have you out of jail as soon as possible, and we will seek to avoid bail conditions like GPS monitoring.
Under IC §35-42-2-1.3, you can be charged with domestic battery if you knowingly or intentionally
Touch a family or household member in a rude, insolent, or angry manner, or
In a rude, insolent, or angry manger, place any bodily fluid or waste on a household or family member
This is a class A misdemeanor, punishable by up to one year in jail and a maximum fine of $5,000. Even though this is a misdemeanor, you need to take any domestic violence charges seriously. Contact us at GDS Law Group, LLP for help right away.
Felony Domestic Battery
Domestic battery can quickly become a felony. You may be charged with a level 6 felony if:
This is punishable by up to two and a half years in prison and fines up to $10,000.
Domestic battery becomes a Level 5 felony if:
This offense is punishable by up to six years in prison and fines reaching $10,000.
If you cause serious bodily injury to a household or family member who is an incompetent adult, you face a level 4 felony, which can be penalized with up to 12 years in prison and $10,000 in fines. If you are over 18 years old and you cause serious bodily injury to a minor under 14 years old, prosecutors will charge you with a level 3 felony, punishable by up to 16 years of imprisonment $10,000 in fines. You face a level 2 felony if you cause the death of a minor under 14 years of age or an incompetent adult. You could be sentenced to up to 30 years in prison and be fined up to $10,000.
The different between bodily injury, moderate bodily injury, and serious bodily injury can make all the difference in your case. You need to call a domestic violence defense lawyer right away to review every fact of your case and gather evidence on your behalf. At GDS Law Group, LLP, we will thoroughly review whether it is possible to fight for your charges to be reduced to a lower felony.
Collateral Consequences of a Domestic Violence Conviction
If you are convicted of a domestic violence offense, you will have to deal with far more than incarceration and fines. You will have to cross numerous hurdles with a crime on your permanent record, particularly if you were convicted of a felony.
Secondary consequences of a conviction include:
You also may need to abide by the strict rules of probation for years after you finish a jail or prison sentence. For years, your freedom will be restricted, and you will have to constantly worry about what you can and cannot do. Unfortunately, with tough probation conditions, it is all too easy to accidently step outside the bounds of the law. If this is your situation, you may find yourself back in court for a probation violation. In this case, contact a domestic violence lawyer from GDS Law Group, LLP as quickly as possible to try and avoid additional imprisonment.
Defending Against Accusations of Domestic Violence
If you have been accused of domestic violence, you need a criminal defense lawyer by your side as soon as possible. An experienced attorney from GDA Law Group will immediately investigate the situation and gather evidence on your behalf. We will analyze all of the facts and determine the strongest defense strategy, such as arguing:
Fighting a Restraining Order
Separate from criminal proceedings, someone who claims to be a victim of domestic violence can seek a protective order in Indiana. Depending on the evidence the person presents, a judge can order a temporary protective order without you being present in court. However, for a long-term domestic violence restraining order, you must be given proper legal notice of the proceedings and allowed to defend yourself in court.
If you receive notice of another person seeking a protective order against you, call a domestic violence lawyer right away. At GDS Law Group, LLP, we have years of experience of defending individuals wrongly accused of domestic violence. We will represent you in court, present your side of the story, and introduce evidence that you are not guilty of domestic violence.
Let a Domestic Violence Lawyer from GDS Law Group, LLP Help
When you are facing allegations of harming or trying to harm a family member, household member, or current or former romantic partner, you may be upset. You likely feel betrayed and worried about the potential consequences of such false allegations. The domestic violence lawyers from GDS Law Group, LLP are here to address your concerns. We will answer all of your questions, fully explain your rights, and vigorously defend you against a restraining order or criminal charges.
To learn more about domestic violence in Indiana and how you can defend yourself, contact us online, or call (765) 313-7092 to schedule a free consultation.