Domestic violence is one of the most serious charges you can face in Indiana. It carries significant legal penalties and long-term consequences that can disrupt your life, relationships, and reputation. If you or someone you know is facing allegations of domestic violence, understanding the law is crucial.
This comprehensive guide explores the definitions, penalties, aggravating circumstances, and legal consequences of domestic violence in Indiana, as well as the steps to take when navigating these charges.
What Constitutes Domestic Violence in Indiana?
In Indiana, domestic violence is an umbrella term that includes various offenses committed against a family or household member. The most common charge is domestic battery, defined under Indiana Code § 35-42-2-1.3. Domestic battery involves knowingly or intentionally touching a family or household member in a rude, insolent, or angry manner, resulting in bodily injury.
Domestic violence encompasses other offenses as well, such as stalking, harassment, and strangulation, but domestic battery is the charge most people associate with domestic violence.
Who Qualifies as a Family or Household Member?
Under Indiana law, the following relationships define a family or household member:
- Current or former spouses.
- Individuals who have a child together.
- Individuals who are or were dating.
- Persons related by blood or marriage.
- Individuals who live or have lived together.
This broad definition means domestic violence charges can arise in many contexts beyond spousal relationships, making it even more important to understand the legal implications.
The Consequences of a Domestic Violence Conviction
Domestic violence charges carry penalties that depend on the severity of the alleged offense and the surrounding circumstances. Here’s a breakdown of potential penalties:
1. Class A Misdemeanor
At its base level, domestic battery is classified as a Class A misdemeanor, punishable by:
- Up to 1 year in jail.
- A fine of up to $5,000.
This charge applies when there are no aggravating factors and no prior convictions for similar offenses.
2. Level 6 Felony
The charge escalates to a Level 6 felony under certain aggravating circumstances, such as:
- The alleged act occurring in the presence of a child (e.g., within earshot, even if the child is sleeping in another room).
- A prior conviction for domestic battery involving a different victim.
Penalties for a Level 6 felony include:
- 6 months to 2.5 years in prison.
- Fines up to $10,000.
3. Level 5 Felony
A Level 5 felony carries harsher penalties, including:
- 1 to 6 years in prison.
- Fines up to $10,000.
This charge applies when:
- The alleged victim is pregnant at the time of the offense.
- There is a prior conviction involving the same victim.
4. Level 2 Felony
The most severe domestic violence charges, classified as Level 2 felonies, are reserved for cases involving:
- The death of a child under 14 or an endangered adult.
- Severe physical injury to a family or household member.
A Level 2 felony conviction carries a potential penalty of:
- 10 to 30 years in prison.
- Fines up to $10,000.
Aggravating Circumstances in Domestic Violence Cases
Indiana law provides several factors that can elevate domestic battery charges. These aggravating circumstances reflect the seriousness of the alleged offense and can dramatically increase the penalties. Common aggravators include:
- Presence of Children: Acts of domestic violence committed in the presence of children are treated more severely, even if the children are not directly involved.
- Pregnancy of the Victim: If the victim is pregnant, the charge automatically escalates.
- Prior Convictions: Any prior conviction for domestic battery, particularly against the same victim, increases the severity of the current charge.
- Severe Injury or Death: Cases involving serious bodily harm or fatal outcomes carry the harshest penalties.
- Weapon Use: If a firearm or other weapon is involved, the charges may be further enhanced.
Collateral Consequences of a Domestic Violence Conviction
The repercussions of a domestic violence conviction extend far beyond the penalties imposed by the court. These collateral consequences can affect your daily life and future opportunities:
Loss of Firearm Rights
Federal law prohibits individuals convicted of a domestic violence crime from possessing or purchasing firearms. This restriction applies even if the conviction is for a misdemeanor.
Employment Challenges
Many employers are hesitant to hire individuals with a domestic violence conviction, particularly in fields requiring background checks or security clearances.
Housing and Custody Issues
A conviction can impact your ability to secure housing or retain custody of your children. Courts often consider a history of domestic violence when making custody and visitation determinations.
Damage to Reputation
Being charged with domestic violence can tarnish your reputation in your community, regardless of the outcome of your case.
Domestic Violence Defenses
If you’re facing domestic violence charges, an experienced attorney can explore several defenses to protect your rights. Common defenses include:
- Self-Defense: Demonstrating that the alleged act was necessary to protect yourself from harm.
- False Accusations: Highlighting inconsistencies in the accuser’s statements or providing evidence that the allegations are unfounded.
- Lack of Evidence: Challenging the prosecution’s ability to prove its case beyond a reasonable doubt, particularly in “he said, she said” situations.
- Accidental Harm: Arguing that the alleged injury was unintentional.
An attorney can evaluate your case and develop a tailored defense strategy to achieve the best possible outcome.
Why You Need a Domestic Violence Attorney
The stakes in a domestic violence case are too high to navigate the legal system alone. An experienced domestic violence attorney can:
- Analyze the evidence against you.
- Investigate potential defenses.
- Advocate for reduced charges or alternative sentencing options.
- Represent you in court with skill and professionalism.
At the Marc Lopez Law Firm, we understand how overwhelming domestic violence charges can be. Our team has extensive experience handling these cases and will fight to protect your rights and your future.
What to Do If You’re Charged with Domestic Violence
If you or someone you know has been charged with domestic violence in Indiana, take the following steps:
- Remain Silent: Invoke your Fifth Amendment right to remain silent. Avoid discussing the case with anyone except your attorney.
- Contact an Attorney: Call an experienced domestic violence attorney immediately. Time is critical, and early intervention can significantly impact the outcome of your case.
- Preserve Evidence: Collect and secure any evidence that may support your defense, such as text messages, emails, or eyewitness accounts.
- Follow Court Orders: Adhere to any protective orders or conditions of release to avoid additional charges.
Frequently Asked Questions (FAQs)
- What should I do if I’m falsely accused of domestic violence? False accusations are unfortunately common in domestic violence cases, often arising from heated disputes or custody battles. If you believe you’ve been falsely accused, contact an attorney immediately to protect your rights and build a strong defense.
- Can a domestic violence charge be expunged from my record? In some cases, you may be eligible for expungement after a certain period. An attorney can help you determine your eligibility based on the specifics of your case.
- How does Indiana define domestic battery? Domestic battery involves intentionally or knowingly touching a family or household member in a rude, insolent, or angry manner that results in bodily injury.
Contact the Marc Lopez Law Firm Today
Facing domestic violence charges can be one of the most challenging experiences of your life. The legal process is complex, but you don’t have to go through it alone. The Marc Lopez Law Firm is here to help.
Our team of skilled attorneys will fight for your rights, provide sound legal advice, and work tirelessly to achieve the best possible outcome for your case. Call us today at 317-632-3642 for a free consultation, and remember—always plead the Fifth!
