Domestic violence is a serious problem, and Indiana is diligent in pursuing justice against those who commit it. Being accused of domestic violence can affect your life permanently, whether you are convicted or not. Because of this, it is important to understand exactly what you face in these situations.
Fortunately, there are steps you can take to handle your domestic violence case. Building a strong criminal defense can help you navigate this difficult situation with care for your future.
Domestic Violence Can Include Several Types of Crimes
Indiana has several laws designed to protect the victims of domestic violence in as many forms as it may take. This also means that there is more than one violent crime you can be accused of under the domestic violence umbrella. These might include:
- Rape under Indiana Code 42-4-1
- Stalking under Indiana Code 35-45-10-5
- Battery under Indiana Code 35-42-2-1
- Intimidation under Indiana Code 35-45-2-1
- Strangulation under Indiana Code 35-42-2-9
These are only a few examples of the various offenses that fall into this category. You could also be charged with assault, sexual assault, or even restraining order violations. Each comes with harsh penalties should you be convicted. If you or a loved one have been accused of any of these crimes, it is important to understand what you may be facing.
Penalties for Domestic Violence Can Be Severe
Indiana takes domestic abuse charges very seriously, and it may be difficult to find much sympathy in the courtroom. If you are convicted of domestic abuse charges, you face not just criminal penalties, but your reputation will also likely be tarnished. If you have children, your ability to see them may be greatly limited or even denied, among other criminal penalties and collateral consequences.
Criminal Charges
Depending on what specific crime you are being accused of, you could face anything from a fine to prison time. You could be looking at prison time from anywhere between a few months to 40 years, depending on the sentence. Either way, your life and well-being will be significantly impacted, whether by loss of your freedom or leaving you struggling financially, along with the stress felt through an event like this.
Future Collateral Consequences
Even when your sentence is served, that does not mean your consequences will end. Those with a criminal record have difficulties finding housing and work, as well as losing various rights and facing immigration problems. You may also be put on the Indiana Sex & Violent Offender Registry if your crime was sexual in nature.
Oftentimes, after a domestic abuse case, the victim will seek out a restraining order against the accused. This means that you are unable to be within a certain distance of that person without facing additional penalties. This can impact your ability to travel freely and puts you at risk for another charge should the order be violated.
Child Custody and Visitation Penalties
One of the most pressing concerns with domestic abuse charges comes if you have children. Indiana Code 31-17-2-8 gives the court instruction to consider domestic abuse charges when deciding custody and visitation rights. You may not only lose custody after a conviction but also have trouble securing visitation rights afterward.
You Need to Prepare a Strong Defense
If you are facing accusations of domestic abuse, you still have hope to defend yourself. You will have a chance to tell your side of the story and gather evidence that the allegations against you are false or inaccurate. Knowing Indiana law and your rights is a valuable first step to preventing a devastating conviction and possibly altering the course of your life permanently.