Domestic violence in Indiana can lead to criminal charges from the prosecutor and a protection order from a civil court (sometimes called a restraining order). A domestic violence attorney is hired to defend the accused in a court of law.
Acts of domestic violence include battery, stalking, privacy invasion, illegal gun possession by a batterer, and other crimes. The court decides the punishment according to the law, and the batterer is free to hire a domestic violence lawyer for their defense.
A domestic violence lawyer can also act as a family law attorney. They can play the role of mediator between two parties. If an act of violence is settled through mediation, the case does not need to be filed in court. The batterer agrees to simply pay a fine. If not, they will be tried in a court of law.
What is Domestic Violence?
Domestic Violence is a term that refers to any type of violence or abuse that occurs in the home. Abuse can be physical, sexual, or emotional, among others.
Domestic Violence often stems from an individual’s unstable relationship with their partner. The abuser may be jealous and possessive or may blame their partner for their problems. This creates immense psychological stress for the victim, which eventually leads to domestic violence.
Domestic violence lawyers practice in trials of cases between family relations or members. They either present domestic violence charges against someone on behalf of their client or defend the accused party to prove innocence.
Let’s say you or someone in your vicinity has been arrested or charged with domestic violence. It is in your best interest to speak with a domestic violence lawyer as your defense attorney as soon as possible.
An experienced domestic violence attorney will defend you well in court. This is because you need an experienced domestic violence lawyer to examine the allegations—one who can advise you on how to proceed while safeguarding your rights.
Domestic violence convictions carry severe penalties. The protective orders can have lasting effects on a person’s ability to raise children and own property.
Top 5 Types of Consequences of Domestic Abuse
What happens if you violate domestic law? It depends on the domestic crime committed and the severity of the action. Crimes of domestic violence extend far beyond simple battery.
Crimes such as assault, battery, trolling, privacy invasions, and firearm possession by a domestic abuser all fall under this umbrella. The following are some examples of domestic violence cases and their penalties.
1. Abusive Treatment of Pets and Other Household Animals
To kill an animal in Indiana with the intent to threaten, harass, coerce, or terrorize a family or household member is a level 6 serious crime. In addition to a fine of $10,000, a person convicted of this crime could spend anywhere from six months to 2.5 years in jail.
2. Invasion of Privacy by Domestic Battery
A victim of household or intimate partner violence can get an order of protection to prevent further abuse. If an abuser disobeys a protective order, they commit a serious crime against the victim’s right to privacy.
As a group, you could spend up to a year in jail and pay a maximum fine of $5,000. This happens if you’re convicted of a misdemeanor. Suppose the defendant has a history of unrelated invasion of privacy convictions, then the penalty escalates to a level 6 felony. Punishment for a level 6 criminal charge ranges from six to thirty months of jail time.
3. Assault on a Family Member With a Firearm
In Indiana, if you have a domestic battery conviction, you are not allowed to possess a firearm under state law. The penalties for illegal firearm possession include up to one year in prison and a $5,000 fine for a class A misdemeanor.
4. Additional Restrictions on Battery
Regarding crimes committed within the home, the law imposes stricter penalties such as mandating detention; jail terms, legal procedures, and firearm seizure and restrictions.
In addition to crimes where the victim is explicitly identified as a family and community member, domestic or family violence also encompasses other offenses where such an individual was a direct participant.
Among these transgressions are murder, kidnapping, sex offenses, theft, arson, burglary, trespassing, harassment, bullying, exhibitionism, trolling, and other acts of violence against families.
5. Detention & Imprisonment after Commiting Domestic Battery
If a police officer has the suspicion that a suspect has committed domestic battery or another crime related to domestic violence, the suspect may be arrested.
The severity of the crime and the officer’s lack of eyewitness testimony is irrelevant when it comes to the officer’s ability to make an arrest. A person in custody for domestic violence must be detained for a minimum of eight hours after arrest.
How to Get Bail in Domestic Violence Cases
In cases involving domestic violence, judges are acutely aware of the potential for a recurrence of the violence after the defendant’s release from custody. This is why in cases of domestic violence, the offender is often required to refrain from contacting the victim as a condition of their pretrial release.
Judges consider the defendant’s flight risk and their potential to cause harm to the victim and others when deciding the minimum fine as well as any other conditions. A domestic violence lawyer must coordinate all visitations of the accused with the child’s other parent. To ensure the defendant’s safety, a watchful eye will be placed over them.
Defendants can be required to wear a GPS monitor and stay in their homes unless they are at work or engaged in other court-approved activities. Drug and alcohol testing, electronic monitoring, and participation in a program for convicted domestic abusers may be imposed as conditions.
In case of being accused as a domestic abuser, contact your defense attorney as soon as possible and file for bail. As far as domestic violence is concerned, judges hesitate to grant bail to the accused. It is because there is a threat of the accuser repeating their harmful actions.
To be granted bail in your case, ask your defense lawyer to file a bail petition. Assure the judge that you will be continuously. watched by an officer or attorney. Sometimes there is also a need for a guarantee from the attorney that there will be no violence as the case proceeds.
The rest of the conditions vary from person to person and case to case. Your domestic violence lawyer can best describe your penalties and charges to you. Consult one as soon as you can, so there is less harm done on both sides.