What Can Happen If I Am Accused of Domestic Violence in Indiana?
Those accused of domestic violence in the State of Indiana face jail time, expensive fines, and considerable impairment of rights. Those rights could include gun ownership, general use of one’s own property and home, and future custody and visitation of children.
What is Domestic Battery?
IC 35-42-2-1.3 provides that a “person who knowingly or intentionally touches an individual who: (1) is or was a spouse of the other person; (2) is or was living as if a spouse of the other person as provided in subsection (c); or (3) has a child in common with the other person; in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery.”
Law Enforcement Response
In years past, police responding to incidents of domestic violence provided temporary relief, but largely ignored the ongoing nature of the crime. A common result of such a call for police service was for responding officers to order the offender to leave the area for the night or even just for a few hours. Inevitably, the crime would recur, usually with increasingly harmful results over time. Because of the cohabitation between offender and victim, characteristics of domestic violence frequently involve an ongoing nature coupled with a dependence of the victim upon the offender. Because of these domestic circumstances, the victim usually suffers from extreme vulnerability.
Modern statutes have been crafted to deal with the ongoing nature of the crime and the dependence victims often have with regard to the offender, and to provide sustained relief for victims.
Police are required to make a finding as to whether an act of domestic violence has occurred, and if so, they are also required to arrest and charge the offender. Unlike other offenses, the victim has no decision-making ability to either file charges or decline to do so; police must make charges if evidence of domestic battery is gathered at the scene.
Order of Protection
Once an arrest is made, the laws governing domestic violence call for orders of protection to be issued, providing mandatory periods of separation between offender and victim. During this time, the offender may not enter or go near the home, even if he is the legal owner or leaseholder and the victim is not. Also, the offender might be required to relinquish to the victim use of a vehicle maintained at the same address, regardless of whether the victim had any pre-existing rights to the vehicle.
If a gun is observed at the scene and determined to be used in any way as part of the crime, that gun, and possibly others, will be taken by police. A conviction of domestic battery leads to infringement of gun ownership rights.
Get Experienced Legal Representation
If you have been wrongly accused of domestic violence, you face serious consequences with regard to property and rights. Protect your rights to enjoy your property and maintain relationships with your children. Call the Law Office of Stanley E. Robison Jr. now at (812) 945-3055 for a confidential consultation.