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.
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To speak with our Indianapolis domestic violence lawyer about your case, contact us today.
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
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.
As a former prosecutor, our founding Indianapolis domestic violence attorney possesses the extensive knowledge of Indiana’s legal system from both sides of the courtroom. We understand how overwhelmingly stressful these charges are, that is why we are prepared to fight to protect your rights.
Contact us today to request your free consultation.