Experienced Defense Lawyer Handling Domestic Violence Cases in Indianapolis, IN
The state of Indiana takes domestic violence very seriously, and an incident can result in both criminal charges and a protective order against you under Indiana’s domestic violence laws. If you have been charged with domestic violence, you may be facing jail time, costly fines, a permanent criminal record, and even the loss of rights as a parent, which can affect child custody and lead to immigration consequences if applicable. It is crucial to hire an experienced Indianapolis domestic violence lawyer as soon as possible to represent your case and provide strong legal representation to protect your future.
False Accusations of Domestic Violence Are Not Uncommon
Stan Wruble at Wruble Law LLC understands the sensitive nature of Indianapolis domestic violence cases involving domestic abuse, family violence, and disputes within a domestic relationship or intimate relationship. In the heat of the moment, emotions may be running high, and accusers may make false allegations to gain an advantage in divorce or child custody cases. Sadly, in some instances, accusers may blatantly lie to gain an advantage in divorce or child custody cases. So if you’re ready to get an impactful, robust defense strategy crafted by an experienced domestic violence lawyer, contact Wruble Law LLC today to fight your domestic violence accusations.
Book your free consultation with no-obligations for domestic violence cases by calling (317)-308-8584 or requesting your appointment today.
Why Choose An Indianapolis Domestic Violence Attorney From Wruble Law LLC?
The main goal of any good domestic violence defense attorney is to thoroughly investigate the case, gather evidence, evaluate witness statements to find inconsistent statements made by witnesses, whether law enforcement involvement prompted certain statements, and even whether the accuser was the primary instigator of the situation, or if insufficient evidence exists.
So as you’re looking for a good domestic Indianapolis domestic violence attorney or criminal defense team from a trusted law firm, consider the following attributes:
- Compassionate and Non-Judgmental Listening: Seek a lawyer who demonstrates empathy and treats you with compassion, understanding the sensitive nature of the allegations and the potential impact on your life, criminal history, and collateral consequences. A good domestic violence defense attorney is extremely sensitive to the emotional nature of the situation involving emotional abuse, verbal abuse, and physical abuse, and offers compassionate representation that is focused on letting you heal wounds and return to your everyday life.
- Communication Skills: Effective communication is crucial in any attorney-client relationship. Look for an attorney who is responsive to your communication, communicates clearly, and explains legal concepts easily within the legal system. They should keep you informed about case developments and be ready to address your questions and concerns.
- Experience and Track Record Of Excellence: Find an attorney with substantial experience handling domestic violence cases under criminal law. Experience equips lawyers with a deep understanding of the legal complexities, strategies, and potential defenses specific to domestic violence charges, including cases involving criminal confinement, child abuse, or sexual abuse. Also, consider an attorney’s track record of success and pursuit of a favorable outcome in domestic violence cases. Review their past case outcomes, client testimonials, and any recognition or awards they have received for their work in this field.
- Collaborative Approach: Look for an attorney who values collaboration and works closely with you to develop a defense strategy tailored to your unique circumstances and any aggravating factors involved. They should actively involve you in the decision-making process and seek your input throughout the case.
- Strong Advocacy Skills: A successful domestic violence defense lawyer should possess strong advocacy skills inside and outside the courtroom. They should be skilled negotiators capable of securing favorable plea bargains and preventing a damaging guilty plea, or having alternative resolutions. Additionally, they should be confident litigators who can effectively present your case before a judge and jury if necessary.
- Ability to Navigate Complexities: Domestic violence cases often involve intricate dynamics, including interpersonal relationships,, same household disputes, and emotional factors. An attorney with a nuanced understanding of these complexities can navigate the sensitive aspects of the case and present a comprehensive defense involving family law overlaps.
- Tailored Approach: Each domestic violence case is unique, requiring a customized approach. A good attorney will assess the specific circumstances of your case and develop a defense strategy tailored to your needs and goals.
Remember to schedule consultations with potential attorneys to discuss your case, ask questions, and assess their suitability for your specific needs. For example, the team of Wruble Law LLC always offers free, no-obligation domestic violence case reviews and consultations for those needing to find an experienced criminal defense lawyer.
The key thing to consider is that choosing the right domestic violence defense attorney can significantly impact the outcome of your case and your future. It is crucial to choose a legal professional with whom you can establish open and honest communication, especially considering the potential duration of the domestic violence case. If you have a prior conviction, facing charges for repeat offenses of domestic violence can substantially increase the risks involved. Enhanced penalties (including longer prison sentences) apply in these cases, and this makes it especially important to have an experienced Indianapolis domestic violence lawyer on your side.
Types Of Domestic Violence Offenses In Indiana
Unlike most other criminal charges, the laws that govern domestic violence are spread throughout the Indiana state statutes, known as the Indiana Code. Crimes of domestic or family violence involve committing crimes of a general nature (i.e., assault, sexual assault, or harassment) against individuals who have certain intimate and family relationships with the alleged offender.
But at its core, the crime of domestic violence occurs when a spouse, dating partner, relative, or member of a common household does one of the following:
- Attempts to cause or causes physical harm, serious bodily injury, or bodily harm to another member of the household or family, or causes fear of harm for a reasonable person.
- Makes a domestic partner or intimate partner, or any other member of the household or family, engage in sexual activity using force, the threat of force, or duress, constituting sexual abuse or another sex offense.
- Engages in continuing harassment or other continuing impermissible contact for the purpose of causing the victim to suffer emotional distress.
- Threatens, intimidates, coerces, harasses, or terrorizes a member of the household or family by abusing or killing an animal.
Domestic Violence Charges Do Not Have to Involve Bodily Injury
Within the broader category of domestic violence is domestic battery, the most common form of domestic violence in Indiana, often involving serious injury or situations where aggravated battery occurs. However, domestic violence charges do not have to involve bodily injury. Making attempting to cause bodily injury, making threats, and harassing protected individuals (among other offenses) can all lead to serious charges under Indiana law.
Exploring Domestic Battery (i.e., Domestic Violence Involving Aggravated Battery)
Under IC 35-42-2-1.3, domestic battery is defined as when a person “touches a family or household member in a rude, insolent, or angry manner; or in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member; commits domestic battery.”
Domestic battery charges can vary in severity, ranging from a Class A misdemeanor to a Level 2 felony, particularly when the defendant’s prior criminal record, serious injury, or repeated acts of violence are present. The wide range of penalties associated with this crime is due to the circumstances involved in the situation.
All forms of domestic violence have specific sentence advisories as dictated in the Indiana Statute. If you have been charged with a domestic battery offense, it’s critical that you talk to a trusted criminal defense lawyer who has specific experience in domestic battery cases under Indiana law.
What Not To Do After Being Charged With Domestic Violence
If you have been charged with domestic violence or battery, it is crucial to be mindful of certain actions and behaviors that could potentially harm your defense. So as your legal team works on your case, it’s critical to note what actions to avoid.
1. Do not contact the alleged victim.
Refraining from contacting the alleged victim directly is advisable, as this may worsen your legal situation if you do and harm efforts to protect victims. Any communication, especially if perceived as threatening or coercive, may worsen your legal situation and potentially result in additional charges.
2. Do not violate restraining orders or no-contact orders.
Along with criminal charges, domestic violence allegations can also trigger civil matters resulting in restraining orders and no-contact orders. If a restraining order or a no-contact order has been issued, it is crucial to comply with its terms and avoid any contact with the alleged victim. Violating such orders can lead to further legal consequences and severe penalties.
3. Do not speak to anyone about your circumstances.
No matter your situation, it is important not to speak with anyone other than your lawyer about your case. This also includes discussing your case with family members, who may seek to weigh in or advise you about your situation. You are constitutionally protected with the right to remain silent and the right to an attorney, as statements may be used as witness testimony against you.
4. Do not engage in altercations (and especially not with a deadly weapon).
It is critical to avoid any form of violence or confrontation during the legal process. Engaging in altercations unrelated to the initial incident can undermine your defense and weaken your credibility.
5. Do not conceal, hide, or destroy potential evidence.
Tampering with or concealing evidence related to the case can have serious consequences and lead to substantial fines. It is important to preserve relevant documentation and provide it to your criminal defense attorney for proper evaluation. It is also important to keep in mind that prosecutors may have surveillance footage or other evidence that they can use even you destroy evidence you have in your possession.
Remember, every case is unique, and it is essential to consult with a qualified lawyer who can provide personalized advice based on the specific circumstances of your situation.
FAQs: Facing Domestic Violence Charges in Indiana
What Constitutes Domestic Violence in Indiana?
In Indiana, domestic violence is not a single criminal offense, but instead a way to describe a wide range of criminal offenses committed against current and former spouses, partners, and other protected individuals, such as children. Crimes that can be prosecuted as domestic violence when committed against protected individuals include domestic battery, intimidation, harassment, criminal trespass, and sexual assault, among others.
Is Domestic Violence a Misdemeanor or Felony in Indiana?
Domestic violence charges are misdemeanor charges in some cases. However, there are certain circumstances in which allegations of domestic violence can lead to felony charges as well. For example, depending on the circumstances involved, battery against a current or former spouse or partner can be charged as a felony. Other cases, like sexual assault, can be prosecuted as a Level 3 or Level 1 felony, with a possible prison sentence of up to 40 years.
What Are Possible Defenses to Domestic Violence Charges?
There are several possible defenses to domestic violence charges in Indiana. With that said, the specific defenses you can assert in your case depend on the circumstances involved. Some examples of defenses an experienced Indianapolis domestic violence lawyer may be able to assert on your behalf include false accusations, consent, lack of criminal intent, lack of evidence, defense of others, and self-defense.
Violations of your constitutional rights can provide defenses in domestic violence cases as well. For example, if the police arrested you without probable cause or questioned you in custody without reading your Miranda rights, you may have grounds to keep the prosecution’s evidence out of court. If prosecutors can’t use their evidence against you, they often won’t be able to prove your guilt beyond a reasonable doubt.
If prosecutors have the evidence they need to convict you, then seeking reduced charges could be your best option under the circumstances at hand. If it is in your best interests to seek a plea deal, we will work to secure a favorable deal on your behalf.
Is Self-Defense a Defense to Domestic Violence?
Yes, self-defense is a defense to domestic violence charges in appropriate cases. Specifically, you may be able to argue self-defense if you are being charged with domestic battery or another crime involving violent conduct. Since asserting self-defense involves acknowledging that you engaged in violent conduct, asserting this defense requires extreme caution, and it is critical to have an experienced Indianapolis domestic violence lawyer on your side.
What Are the Penalties for Domestic Violence in Indiana?
If you are facing a domestic violence case in Indiana, the penalties you are facing depend on the specific charge (or charges) against you. It also depends on whether these charges are misdemeanors or felonies. While misdemeanors can carry fines and up to one year in jail, felonies can carry far greater penalties.
Generally speaking, if you are found guilty of domestic violence in Indiana, potential penalties include fines, community service, jail or prison time, mandatory counseling, loss of your right to carry firearms, and a no-contact order, among other more severe penalties. Having a domestic violence case on your record can lead to academic, professional, military, immigration, and other consequences as well. These offenses can also make you unable to legally carry or own a firearm.
What if I Have a Prior Conviction?
If you have a previous conviction on your record, the consequences of a domestic violence arrest in Indiana could be even more severe. Repeat offenders face enhanced penalties; and, having multiple convictions on your record can make it even more difficult to find a job or protect your ability to spend time with your children.
What is a No Contact Order?
A no-contact order (also called a protective order) is a court order that prohibits you from having any contact with someone who has been identified as a victim (or potential victim) of domestic violence. If you are subject to a no-contact or protective order in relation to a domestic violence case in Indiana, violating this order can lead to criminal consequences regardless of whether you have been found guilty of domestic violence. Even if there are no criminal charges, you should always consult with an Indiana domestic violence lawyer if you are served with a Petition for a Protective Order.
What Should I Do if I was Arrested for Domestic Violence in Indiana?
With all of this in mind, if you have been arrested for domestic violence in Indiana, or have been served with a Petition or Motion for a Personal Protective Order, you should discuss your case with an experienced defense lawyer as soon as possible. Domestic violence cases are complex, and the stakes are extremely high. As a result, you do not want to try to handle your case on your own. An experienced defense lawyer will be able to help you make informed decisions about your next steps, communicate with the police and prosecutors on your behalf, and fight to protect you by all means available.
Discuss Your Defense Strategy With An Indianapolis Domestic Violence Lawyer Today
Stan Wruble and the team at Wruble Law LLC fully abide by the belief that every client is innocent until proven guilty – even if law enforcement officials act to the contrary many times.
With decades of criminal defense experience, the Indianapolis domestic violence attorney team from Wruble Law LLC is confident in their ability to provide legal assistance to clients facing allegations involving physical abuse, sexual abuse, child abuse, financial abuse, and other domestic violence offenses, while protecting against a lasting domestic violence conviction under Indiana law.
To schedule your free consultation with a skilled criminal defense lawyer today for a robust defense strategy, it’s as easy as picking up the phone and calling (317)-308-8584 or visiting our online consultation scheduling page. Wruble Law LLC proudly serves clients throughout Monroe County, Indiana, and the surrounding areas, and would be proud to serve you, too.