Domestic Violence in Indiana is called Domestic Battery. The domestic element increases penalties significantly if you are found guilty of even a misdemeanor. Domestic Battery is often accompanied by related charges, which can raise the severity level and increase potential penalties. Charges against you are often based on heresy or opinions but can be serious enough to warrant investigation, restraining orders, and other measures by the court.
You need a Domestic Violence Criminal Defense Trial Lawyer who understands the law to uncover the truth and defend your good name. Attorney Matthew W. Chapel has the skills, experience, and tenacity you want when defending yourself against domestic violence charges.
Remember: If you are charged with a crime – or even if you think you might be charged – the attorney you choose can be your most crucial decision.
Indiana law describes domestic violence as follows:
IndianaTitle 31; Article 9; Chapter 2: Definitions; Section 42: Domestic or Family Violence
“Domestic or family violence” means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification.
(2) Placing a family or household member in fear of physical harm without legal justification.
(3) Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.
(4) Abusing (as described in IC 35-46-3-0.5), torturing (as described in IC 35-46-3-0.5), mutilating (as described in IC 35-46-3-0.5), or killing a vertebrate animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family violence also includes stalking (as defined in IC 35-45-10-1) or a sex offense under IC 35-42-4, whether or not the stalking or sex offense is committed by a family or household member.
More simply put, this includes accusations of:
· Intimidation
· Physical abuse
· Sexual assault
· Stalking
· Emotional abuse
Domestic violence is a serious offense in Indiana. The penalties may include the following:
· Domestic Battery: Beginning with up to$5,000 in fines and up to one year in jail for a misdemeanor, all the way to a Level 2 Felony with fines up to $10,000 and up to 30 years in jail.
· Child Endangerment: This is a felony punishable by at least six months to two and a half years in jail and a fine of up to$10,000.
· Neglect of a Dependent: This is also considered a felony crime, and punishments vary according to the specific circumstances but can be similar to Child Endangerment charges above.
· Rape: This offense can be a level 3 or level 1 felony, depending on circumstances, and carries a minimum sentence of between three and 16 years in prison with a maximum fine of $10,000.
Other criminal charges are possible, so you need to contact Trial Lawyer Matt Chapel immediately if you are facing any domestic violence charges in Indiana. You could also face protective restraining orders, loss of custody, and loss of visitation rights depending on the charges and their circumstances.
When you are charged with domestic violence in Indiana, you need a seasoned criminal defense trial lawyer who knows how to craft a formidable defense. Trial Attorney Matt Chapel can help you get the truth out to defend against falsehoods that could alter your life forever. Contact Trial Lawyer Matthew W. Chapel in Fort Wayne today at (260) 387-6236 or complete the contact form and ask for your free consultation.
If you have questions about a matter that is pending before a court in Northeast Indiana or Northwest Ohio, contact Matt Chapel immediately. Call Matt at 260-387-6236 or email him at matt@mattchapellaw.com.
