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Indiana Domestic Violence Lawyer With Almost 30 Years Of Trial Experience

When tempers flare between an individual and their loved ones, a verbal or physical altercation may ensue, warranting involvement with law enforcement. A minor injury from a dispute, such as a bruise or a cut, may be used as evidence in a domestic violence charge, whether or not it was blown out of proportion. If you have been arrested for domestic violence, it is imperative to enlist the help of an experienced and reliable violent crime attorney.

Penalties For Domestic Violence In Indiana

One statute which directly applies to domestic violence offenses is Section 35-42-2-1.3 of the Indiana code, which is Indiana’s domestic battery statute. An individual commits domestic battery by inflicting physical injury by knowing or intentionally touching another person who is a current or former spouse, a person who lives or lived with the individual as a spouse, or a person with whom shares a child.

A court shall examine the following factors when determining if someone is “living as if a spouse” with another person:

  • The length of the relationship
  • How often they see or speak to one another
  • The financial interdependence of the two parties
  • Whether they have children together
  • If they engage in common household tasks

Domestic battery is a Class A misdemeanor, punishable by a maximum jail sentence of one year and a $5,000 fine. However, if an individual commits the domestic battery in the physical presence of a child under 16 years of age or if the individual has a previous unrelated domestic battery conviction, then it is considered a Level 4 felony, which is punishable by a maximum prison sentence of three years and a $10,000 fine.

Why Choose Our Firm?

The Indiana office of Zaki Ali, Trial Lawyers, has been helping clients facing domestic violence charges for nearly 30 years. We are capable of providing you with an aggressive and customized criminal defense in order to obtain justice.

As a former prosecutor, Zaki Ali possesses extensive knowledge of Indiana’s legal system from both sides of the courtroom. He understands how overwhelmingly stressful these charges are, that is why he is prepared to fight to protect your rights.

Let Indiana Domestic Violence Attorney Zaki Ali Help You Get A Fresh Start

We can help you navigate the complexities of Indiana drug laws so that you can move forward in life. Contact Zaki Ali, Trial Lawyers, no-obligation case evaluation.

Call 1-833-ZAKI-ALI (1-833-925-4254) or email attorney Zaki Ali now for a phone, virtual or in-person consultation and important answers about your legal options. We also invite you to check out our case results and testimonials from former clients to see why we’re a leading criminal defense law firm in Indiana — and why you can rely on attorney Zaki Ali for exceptional representation and optimal resolutions.

What Counts as Domestic Violence in Indiana?

In Indiana, domestic battery and related charges apply when an alleged act of violence occurs between people in a defined domestic relationship, such as current or former spouses, people who have a child together, people who live or have lived together, or dating partners. The law covers more than physical injury; threats, unwanted physical contact, and certain other conduct can all lead to charges. Because the relationship between the parties is part of what makes an act “domestic,” these cases can carry consequences that an ordinary violent crime charge may not.

Protective Orders and No-Contact Orders

A domestic violence allegation often comes with a protective order or a no-contact order, sometimes issued before you have had any chance to tell your side of the story. These orders can force you out of your own home, limit contact with your children, and make everyday life difficult. Violating an order, even by accident or even if the other person initiates contact, can result in new criminal charges. It is important to understand exactly what an order requires and to have an attorney respond quickly.

Consequences Beyond Jail and Fines

A domestic violence conviction can reach far beyond any sentence. Under federal law, a qualifying conviction generally results in the loss of the right to possess a firearm. A conviction can also affect child custody and parenting time, professional licenses, immigration status, and your ability to find housing or employment. These lasting consequences are one reason it is so important to take the charge seriously from day one.

Defending Against Domestic Violence Charges

Domestic cases are often emotionally charged and can arise from misunderstandings, exaggerated claims, or false accusations made during a divorce or custody dispute. Depending on the facts, a defense may involve showing that you acted in self-defense, that no crime occurred, that you were misidentified, or that the evidence simply does not support the allegations. We examine the full context and hold the State to its burden of proof.

Frequently Asked Questions

Can domestic violence charges be dropped if the other person does not want to press charges?

Not necessarily. In Indiana, the decision to pursue charges belongs to the prosecutor, not the alleged victim. A case can move forward even if the other person asks that it be dropped, which is why early legal representation is important.

Will a domestic battery conviction affect my gun rights?

Often, yes. Under federal law, a qualifying domestic violence conviction generally prohibits a person from possessing firearms. The specifics depend on the charge and circumstances, so it is important to discuss this with an attorney.

What happens if there is a no-contact order against me?

You must follow it exactly, even if the other person tries to contact you. Violating a no-contact order can lead to additional criminal charges on top of the original allegation. An attorney can help you understand the order and, in some cases, ask the court to modify it.

Can I be charged if there were no visible injuries?

Yes. Visible injuries are not required for a domestic battery charge. Allegations of unwanted contact or threats can be enough to bring charges, which is why a careful defense matters even when there is little physical evidence.