Indianapolis Domestic Violence Lawyer

What This Page Covers

• How Indiana treats domestic violence as a category of offenses that may include domestic battery, intimidation, stalking, strangulation, criminal confinement, invasion of privacy, and certain sexual offenses.
• The family, household, dating, sexual, caregiving, and co-parenting relationships that may cause an allegation to be handled as a domestic violence case.
• Possible misdemeanor or felony charges, including how prior convictions and the facts of the incident may increase the severity of the case.
• Potential effects on employment, housing, immigration status, professional opportunities, child custody, visitation, and protective orders.
• Defense strategies such as self-defense, false accusations, insufficient evidence, inconsistent testimony, plea negotiations, and pretrial diversion.

Why This Matters

• Some domestic violence offenses do not require proof of physical injury, so threats, repeated harassment, stalking, or prohibited conduct may still lead to charges.
• A conviction may result in jail, fines, probation, counseling requirements, and a lasting criminal record.
• A protective order may restrict where you can go or whom you can communicate with, and violating it may create additional legal problems.
• Domestic violence allegations may affect parenting time, employment, housing, immigration matters, and your personal reputation.
• Early review of police reports, witness statements, messages, photos, and other evidence can help identify weaknesses in the prosecution’s case.

Key Actions You Can Take

• Follow every release condition and protective order, including all restrictions on direct or indirect communication.
• Use your right to remain silent and avoid giving detailed statements until you have received legal guidance.
• Preserve texts, emails, photographs, videos, medical records, and witness information that may help establish what happened.
• Attend every court hearing and avoid discussing the case on social media or with potential witnesses.
• Schedule a consultation with Zentz Law for practical guidance tailored to your Indianapolis domestic violence case.

If you have been wrongly accused of violence by a family or household member and are facing domestic violence charges, it is crucial to take prompt action. Without an experienced Indianapolis domestic violence lawyer handling your case, you may find yourself facing more serious criminal charges than you anticipated.

A domestic abuse criminal case is complex and begins with understanding how Indiana defines domestic violence (or domestic battery), what the possible consequences of being convicted are, and how to secure an experienced domestic violence lawyer to fight for you.

Seeking the assistance of an experienced domestic violence attorney or abuse lawyer withobatut delay can significantly impact your case.

Zentz Law has extensive experience handling domestic violence cases and the sooner you schedule a consultation, the better chance you have of protecting yourself from criminal charges.

What Constitutes Domestic Violence, Domestic Abuse, or Family Violence under Indiana Law?

Domestic violence under Indiana code constitutes a broad category of offenses, some of which do not involve physical harm or bodily injury to an intimate partner. There’s also a wide range of impact. The perpetrator may intentionally touch someone in a harmful way or inflict serious (even life-threatening) injuries.

Some examples of violence include:

Intimidation: The crime of intimidation involves communicating a threat with the intent to coerce another person’s conduct against their will or to display disorderly conduct or instill fear of retaliation for a prior lawful act. It does not require physical or serious bodily injury but may include aggravating factors such as dangerous weapons or vehicles to threaten harm.

Stalking: Stalking entails deliberately and repeatedly harassing someone in a manner that causes the victim to feel threatened, terrorized, frightened, or intimidated in an angry manner. The behavior must be such that it would cause an ordinary person to react similarly.

Strangulation: Strangulation occurs when the perpetrator knowingly or intentionally applies pressure to the victim’s throat, neck, or torso, obstructing the victim’s breathing or blood circulation. The perpetrator must act rudely, in an angry manner, or insolently while inflicting bodily injury.

Sexual Assault: Sexual assault transpires when the perpetrator engages in involuntary sexual conduct. The victim is coerced, forced, intimidated, unconscious, mentally disabled, etc. during the violation. Including when someone intentionally touches another person sexually, without consent.

Who Can Be Charged In Indianapolis Domestic Violence Cases?

In Indiana, the term “domestic violence” encompasses a range of offenses rather than a single distinct crime. Charges can be brought against you by an individual who is :

• A current family or household member.
• A former family member or household member.
• Your current or former spouse, boyfriend/girlfriend, or sexual partner.
• Anyone related to you by blood, adoption, or marriage.
• A current or former guardian, ward, custodian, or foster parent.
• Anyone who has a child in common with you.

How Domestic Violence Lawyers Will Reduce Your Chance of Being Proven Guilty

Legal Expertise: An attorney specializing in domestic violence cases knows how to build a healthy attorney-client relationship and gather evidence like police reports, bodily fluid examination reports, and witness testimony. A compassionate attorney also knows how to navigate complex family or household member relationships and confidentially handle cases of a sensitive nature.

Case Assessment: A thorough assessment of the evidence and circumstances surrounding the domestic violence charge is essential. Defense attorneys meticulously review police reports, witness statements, and other evidence the prosecution presents. This scrutiny helps identify weaknesses in the prosecution’s case and opportunities to challenge the allegations.

Building a Strong Defense: This may involve challenging the credibility of witnesses, disputing the accuracy of evidence, or presenting alternative interpretations of events. A strong defense strategy aims to create reasonable doubt and cast uncertainty on the prosecution’s case.

Protecting Your Rights: An attorney ensures that their client’s rights, such as the right to a fair trial, due process, and protection against unlawful searches and seizures, are upheld. This commitment to protecting rights is fundamental to maintaining the integrity of the legal proceedings.

Negotiation Skills: A defense attorney with solid negotiation skills may engage in plea bargaining to secure reduced charges or explore alternatives to incarceration, such as counseling or community service. Negotiations aim to achieve the best possible outcome for the client based on the case’s specific circumstances.

Emotional Support: A compassionate attorney provides essential emotional support to their clients throughout the legal process. By establishing open communication and understanding the emotional toll of the situation, the attorney helps clients navigate the challenges with resilience.

Trial Advocacy: In cases where a trial is unavoidable, the attorney becomes a zealous advocate for their client in the courtroom. This involves presenting a compelling defense, cross-examining witnesses, and effectively countering the prosecution’s arguments.

Post-Conviction Relief: In the unfortunate event of a conviction, a criminal defense attorney may continue to advocate for their client through post-conviction relief efforts. This could involve filing appeals, seeking sentence reductions, or exploring legal avenues to address any miscarriage of justice.

A Zentz Law domestic violence criminal defense attorney combines legal representation, strategic thinking, and empathy to work with clients to navigate the legal system and mount a robust defense.

By diligently protecting your rights and crafting effective legal strategies, Zentz Law strives to secure the best possible outcome for individuals facing domestic violence charges.

How To Protect Yourself From Domestic and Intimate Partner Violence Charges

Facing domestic violence charges can be overwhelming, and as the trial date approaches, the possibility of jail time and additional penalties looms over every moment of your day.

To safeguard your future, engage the services of a skilled and experienced criminal defense lawyer with extensive experience navigating Indiana’s domestic violence laws. Examine all potential criminal defense lawyers’ track records in litigation to make sure they have a thorough understanding of the criminal justice system.

To increase your chances of a favorable outcome and understand how Indiana’s domestic violence laws apply to you, reach out to the domestic violence attorneys at Zentz Law today.

The criminal defense team at Zentz Law has legal experience and a strong understanding of Indiana’s domestic violence laws. Our entire criminal defense team of experienced domestic violence attorneys will work towards avoiding a domestic violence conviction.

Contact an Indianapolis domestic violence lawyer today by calling 317-220-6056 or completing our online contact form to schedule a consultation.

Overview of Indiana State Domestic Violence Laws

Indiana’s domestic violence laws aim to protect victims and hold perpetrators accountable for their actions. Covering physical, emotional, sexual, and financial abuse between household members, Indiana’s legal code defines various domestic violence offenses and crimes.

A few of the most common domestic or family violence charges an Indianapolis domestic violence attorney defends their client from include:

• Battery under Indiana Code § 35-42-2-1
• Strangulation under Indiana Code § 35-42-2-9
• Criminal confinement under Indiana Code § 35-42-3-3
• Intimidation under Indiana Code § 35-45-2-1
• Invasion of privacy under Indiana Code § 35-46-1-15.1
• Stalking under Indiana Code § 35-45-10-5
• Sexual activity under Indiana Code § 35-42-4-8
• Rape under Indiana Code § 35-42-4-1
• Domestic battery under Indiana Code § 35-42-2-1.3

In Indiana, a domestic violence conviction, even at its least severe, can lead to a Class A misdemeanor with a one-year prison term and a $5,000 fine.

A criminal history, or criminal offenses such as a prior domestic violence conviction or battery conviction, elevates the offense to a Level 6 felony, carrying a maximum prison sentence of two and a half years and a fine of up to $10,000.

Concerns for Those Charged under Domestic Violence Laws in Indiana

Facing a domestic violence charge in Indiana extends beyond criminal penalties to collateral consequences, impacting personal and professional aspects. Individuals charged may encounter collateral consequences such as:

Employment and Education: A violence conviction can result in job difficulty, challenges securing employment or professional licenses, and challenges obtaining student loans.

Housing: Landlords may deny rental applications or evict individuals with a criminal violence conviction after conducting background checks.

Immigration Consequences: Non-citizens may face deportation or inadmissibility because violence against a family member or household member is considered a crime of moral turpitude.

Child Custody and Visitation Rights: Domestic battery charges can affect child custody and visitation rights, possibly leading to a restraining order, supervised visitation orders, reduced parenting time, and disruption of your close relationship with your children.

Reputation and Stigma: Social stigma and discrimination may follow those facing criminal charges, negatively impacting your personal and professional life.

Protective Order: An alleged victim of violent crime may seek a protective order (sometimes called a restraining order), restricting contact and leading to additional consequences for violators.

Possible Defenses Your Indianapolis Domestic Violence Lawyers May Use

Individuals charged under Indiana’s domestic violence laws should develop a robust defense strategy to protect their legal and constitutional rights first.

Common defense strategies include:

Self-Defense: Asserting self-defense can be a basis for seeking dismissal of protection orders.

False Accusations: Gathering evidence to refute false or exaggerated accusations, which may arise from revenge or jealousy.

Lack of Evidence: Challenging the prosecution’s case by arguing insufficient evidence to support the charges.

Inconsistencies in Alleged Victim Testimony: Highlighting inconsistencies or contradictions in the victim’s testimony.

Plea Bargaining: Negotiating with the prosecution to reduce charges, agree to a plea deal, or drop charges in exchange for a guilty plea to a lesser offense.

Pre-Trial Diversion Programs: Seeking participation in diversion programs involving counseling, community service, and restitution, with successful completion leading to charges being dismissed.

Selecting an experienced Indianapolis domestic violence lawyer is crucial for the success of any domestic violence defense attorney strategy. Attorneys from Zentz Law possess the necessary experience to craft a powerful defense and advocate for clients throughout their cases.

You Deserve Experienced Indiana Domestic Violence Lawyers Working to Protect Your Legal Rights

An Indianapolis domestic violence lawyer at Zentz Law thoroughly investigates each case of domestic battery, staying abreast of legal changes to give you the best possible outcome

Call us today at 317-220-6056 for a case evaluation, or complete our online contact form.

Indianapolis Domestic Violence Lawyer FAQs

Can the alleged victim drop domestic violence charges in Indiana?

No. The alleged victim may tell the prosecutor that they do not want the case to continue, but the prosecutor decides whether to pursue or dismiss criminal charges. The case may proceed when other evidence is available.

What happens if the alleged victim does not appear at a domestic violence trial?

The charges are not automatically dismissed. Prosecutors may continue with witness testimony, photographs, recorded 911 calls, prior statements, video footage, or other admissible evidence.

Can an Indiana domestic violence case proceed without visible injuries?

Yes. Some domestic-violence-related offenses do not require visible physical injuries. Testimony, threatening messages, recordings, police observations, and other evidence may still support the prosecution’s case.

Can text messages, social media posts, or 911 calls be used as evidence?

Yes. Prosecutors may try to use digital messages, posts, photographs, videos, and recorded calls. Your attorney can review whether the evidence is authentic, complete, taken out of context, or legally admissible.

Should you answer police questions about a domestic violence allegation?

You have the right to avoid making statements that may incriminate you. If police question you about an incident, remain calm, clearly state that you want to remain silent, and request an attorney before answering detailed questions.

Does a protective order mean you have been convicted of domestic violence?

No. A protective order is separate from a criminal conviction and does not prove guilt. However, the order remains legally binding, and you must follow every restriction unless the court changes or dismisses it.

Can the alleged victim give you permission to ignore a no-contact order?

No. Only the court can modify or remove a no-contact order. Direct or indirect communication may lead to additional legal problems even when the alleged victim starts or agrees to the contact.

What happens at the first court hearing for an Indianapolis domestic violence charge?

The judge may advise you of the charges and your rights, address legal representation, and review bond or release conditions. The court may also impose or continue restrictions such as a no-contact order.

Can an Indiana domestic violence charge be dismissed before trial?

Possibly. Dismissal may be available when the evidence is insufficient, key evidence is inadmissible, your rights were violated, or an approved diversion agreement is completed. The outcome depends on the facts and the prosecutor’s decisions.

How long can a domestic violence case take in Indianapolis?

A misdemeanor case may take several months, while a contested felony case may take much longer. The timeline depends on the evidence, court scheduling, negotiations, motions, and whether the case proceeds to trial.