Indianapolis Domestic Violence Lawyer

Domestic violence is any violence or threat of violence against a spouse, domestic partner, or other person in a close relationship to the defendant. Domestic violence may be committed by men or women, though it is more common for men to be the aggressor in a domestic violence charge. Indianapolis domestic violence lawyers at Banks & Brower understand that you deserve to be treated as innocent until proven guilty. As family law lawyers, our attorneys will take the time to listen to your side of the story without judgment. Our domestic violence attorneys are former prosecutors now dedicated to preserving the rights of the accused in Indianapolis. If you have been accused of domestic violence, our attorneys will provide you with the legal services necessary to get you the best outcome possible.

Why Choose Our Indianapolis Domestic Violence Attorneys?

Contact Banks & Brower, LLC Indianapolis domestic violence lawyers for a free case evaluation or fill out an online contact form.

Quick Answers:

What to Do If You Are Accused of Domestic Violence

Having a local domestic violence attorney on your side will help protect your rights and maintain your good name. Your Indianapolis domestic violence lawyer will collect the evidence in your case, and help establish the facts. You should not speak about the case to investigators or anyone else without an attorney present to protect yourself from accidental self-incrimination. The law gives you the right not to be forced to implicate yourself in any case and, by remaining silent, you preserve your rights.

Charges will be carried differently depending on what the complaint includes, this includes whether violence was involved, stalking, threatening, damage of property or if a restraining order was violated.

The Indianapolis domestic violence attorneys of Banks & Brower have over 40 years of combined legal experience. Having an attorney on your side makes a favorable outcome much more likely. You have a right to legal representation and you have the ability to choose a lawyer who has the experience and expertise to handle domestic violence cases with expertise and compassion.

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What Charges are Considered Domestic Violence Offenses?

What is defined as a domestic relationship?

What is Defined as Family Violence?

Indiana law states that domestic or family violence means, except for an act of self-defense, the occurrence of at least one of the following acts committed by a family or household member:

For purposes of the protection orders, domestic or family violence also includes stalking or a sex offense, regardless of whether the stalking or sex offense is committed by a family or household member. Indiana Code 34-6-2-34.5.

In order to file for a protective order, a petitioner needs to have been a victim of:  (1) Domestic or family violence; (2) Stalking; or, (3) A sex offense.  However, a person may also file a petition for a protective order on behalf of a child who has been a victim of domestic or family violence, stalking, or a sex offense.

Indiana Domestic Violence Laws

Domestic violence in Indiana is called domestic battery in state law. A person who intentionally touches a spouse, partner, or even a person they are dating, in a way that results in injury, may be charged with domestic battery. Aggravated battery occurs when there is a chance of serious injury, death, or permanent disfigurement. Causing the loss of a fetus may also incur the charge of aggravated battery.

Charges in domestic violence cases range in severity depending on many aggravating factors. Most domestic violence cases are a Class A misdemeanor. If the person charged has a prior conviction for domestic violence, they may instead be charged with a level 6 felony. If a child under the age of 16 witnesses the violence, this may also result in a level 6 felony charge.

Class A misdemeanors can result in up to a year incarceration and up to $5,000 in fines. A level 6 felony conviction carries 6 months to 2.5 years incarceration and a fine up to $10,000. Other aggravating factors could result in more severe levels of felony charges carrying more jail time and higher fines.

What are the Penalties for Domestic Violence in Indiana?

Domestic Violence Charges in Indiana

Under Indiana Code, IC 35-42-2-1.3, a person commits:

Other Offenses:

Read full breakdown on domestic violence charges here.

Gavel, Book and Handcuffs on Wooden Table

Defenses Against Domestic Violence Charges

In any close relationship, tempers may flare and cause people to do or say things they should not. A spouse who is angry may make a false claim of domestic violence. If a spouse has threatened to make a false claim, you should tell someone trusted about the threat. This may help establish your contention that the accusation against you is false. If anyone was present when a threat to make a false accusation was made, they may testify on your behalf to help prove the accusation against you may be false.

If you were threatened with violence, or were being attacked and defended yourself, you may claim self-defense. If you have been repeatedly victimized yourself by the person accusing you, self-defense may also be used to explain that you were protecting yourself from greater harm.

In some cases, the victim suffered legitimate injuries, but they were not inflicted by you, or were not inflicted intentionally, you may claim the injuries were accidental, rather than a case of domestic violence. The law requires that injuries from domestic violence be intentional. If they were injured in an accident, the details of that accident may help establish that you were innocent of domestic violence. If the injuries your partner suffered were not intentionally inflicted, you may be innocent of the charges against you.

Contact our Indianapolis Domestic Violence Attorneys

Banks & Brower, LLC has defended hundreds of clients and has the experience you need to defend your rights. We can help if you are facing any charges including domestic abuse, battery, or assault against your spouse or former spouse. Contact our Indianapolis Criminal Defense attorneys to get a free case evaluation. We can help.

Banks & Brower Client Review:

“Brad was the best, he came through with his promise in getting all charges dismissed. If I ever need legal service again, he will be the first person I contact. Thank you all!” -Larry B.