If you or someone you know is facing charges for domestic battery in Indiana, understanding the implications of the accompanying no-contact order is crucial. The automatic issuing of a no-contact order is a standard procedure in cases of domestic violence, aimed at safeguarding the alleged victim by restricting the accused from any form of contact. Violating a no-contact order can lead to severe consequences, including revocation of bond and additional criminal charges. At the Marc Lopez Law Firm, our criminal defense attorneys have encountered numerous cases involving no-contact orders and know the applicable laws well. Throughout the rest of this blog we will decode the relevant Indiana Code sections to help you navigate through the legal process.
The Legal Framework
To comprehend the gravity of the situation, it is essential to understand the legal framework surrounding domestic violence cases in Indiana. As outlined in Indiana Code § 35-42-2-1.3, domestic battery starts as a Class A misdemeanor. Domestic battery charges, however, can quickly escalate into a Level 6 or Level 5 felony depending on circumstances. Some of these circumstances include instances where the offense resulted in bodily injury or involved the use of a deadly weapon. In certain cases, domestic battery charges can even escalate to a Level 2 felony if it involves the death of a child under 14 or the death of an endangered adult. Indiana defines domestic battery as,
“a person who knowingly or intentionally:
- 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, a Class A misdemeanor.”
Additionally, Indiana Code § 35-33-8-3.6 addresses the automatic imposition of no-contact orders for certain defendants placed on bail for violent crimes which resulted in bodily injury to the victim. This section again emphasizes the requirement for defendants to refrain from any direct or indirect contact with the victim for a specified period—ten days or until the initial hearing—as determined by the court. Typically, however, no-contact orders will remain in place until the end of the case. If a no-contact order has been issued as a condition of your bail, it is important to discuss what this means for you with an attorney. Courts view no-contact orders seriously and any violation could weaken your legal position.
The Complex Nature of No-Contact Orders
Our legal team at the Marc Lopez Law Firm understands the complexity of navigating through a situation where a no-contact order has been issued. We recognize the challenges faced by individuals who are not only dealing with the legal matters of a domestic battery charge but also juggling work, financial responsibilities, and family obligations. Even seemingly harmless actions could be seen as a violation of your no-contact order, leading to serious consequences. It is vital for you to be aware of the legal implications and to prioritize safeguarding your rights and interests. Here at the Marc Lopez Law Firm, our criminal defense attorneys are able to look at the situations surrounding your case to help guide you and safeguard your rights.
Securing Your Best Possible Outcome
With a deep understanding of Indiana’s legal system and extensive experience in handling domestic violence cases, the attorneys are committed to ensuring that your voice is heard and that your rights are protected throughout the entire legal process. The Marc Lopez Law Firm is dedicated to providing you with the legal representation you deserve during this challenging time, assisting you throughout every step of the process—tailoring a strong defense strategy to secure your best possible outcome.
If you or someone you know is entangled in a domestic violence case with a no-contact order, it is crucial to seek professional legal representation promptly. Contact us today to learn more about how our legal team can help you effectively navigate the legal process. Our goal is always to safeguard your rights and secure the best possible outcome for your case. Call us today at 317-632-3642 and remember—always plead the 5th!
