Domestic Abuse
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You need an attorney who will vigilantly fight for your freedom when all cards are stacked against you: the defendant.
Contact The Law Office of Jerry L. Garner today to begin the battle.
Domestic Abuse Defense Attorney
Domestic Abuse Defense Lawyer Serving Evansville, Newburgh, Boonville, Tell City, Rockport, Santa Claus, and Nearby Communities.
Being accused of domestic abuse in Indiana is a serious matter that can have lasting consequences on your life, reputation, and freedom. A conviction can lead to jail time, hefty fines, restraining orders, and loss of child custody or firearm rights. Additionally, even false or exaggerated accusations can damage personal and professional relationships. If you are facing domestic violence charges, securing an experienced criminal defense attorney is critical to protecting your rights and ensuring a fair legal process. Jerry L. Garner has the skill and experience to handle these complex and emotionally charged cases.
Every domestic abuse case is unique, with factors such as conflicting witness statements, lack of physical evidence, and underlying personal disputes playing a crucial role. Many accusations stem from heated arguments, misunderstandings, or false allegations made in the midst of a divorce or custody battle. An experienced defense attorney will carefully examine the details of the case, challenge weak or misleading evidence, and ensure that law enforcement followed proper procedures. Without a strong legal defense, you could face life-altering penalties based on incomplete or biased information.
Indiana law treats domestic violence offenses seriously, with charges ranging from misdemeanor domestic battery to felony aggravated battery. Protective orders and no-contact orders can be issued immediately, restricting your ability to return home or see your children. A knowledgeable attorney understands the nuances of Indiana’s domestic violence laws and will work to get charges reduced, dismissed, or resolved in a way that minimizes long-term consequences. Jerry L. Garner is dedicated to providing aggressive legal representation to help clients navigate these challenging cases.
If you have been charged with domestic abuse, you need to act quickly to protect your future. Prosecutors take these cases very seriously, and without a skilled defense attorney, you risk severe legal penalties that can impact every aspect of your life. A dedicated Indiana domestic violence lawyer can fight to challenge the accusations, protect your rights, and work toward the best possible resolution. Contact our firm today to discuss your case and begin building a strong defense.
Are you looking for an experienced domestic abuse lawyer in Indiana? Call us at (812) 301-6221 or contact us online for a free consultation.
Domestic abuse charges in Indiana are taken very seriously and can result in jail time, fines, restraining orders, and a permanent criminal record. Under Indiana law, domestic battery is a distinct criminal offense that involves physical harm or unlawful touching against a spouse, ex-spouse, family member, cohabitant, or someone in a romantic relationship. Depending on the circumstances, domestic abuse cases can range from misdemeanors to felonies, with harsher penalties for cases involving serious injury, prior convictions, or the presence of children during the alleged incident.
Indiana law imposes severe consequences for domestic violence convictions, including protective orders, loss of firearm rights, and potential child custody restrictions. A first-time domestic battery charge is typically a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine. However, if the offense results in moderate or serious bodily injury, involves a deadly weapon, or is committed in the presence of a child, it can be charged as a felony, leading to years of imprisonment. Additionally, domestic abuse allegations can impact employment, housing, and personal reputation, even if the charges are later dropped or dismissed.
If you are facing domestic abuse charges in Indiana, hiring a skilled criminal defense attorney is critical to protecting your rights. False accusations, self-defense, and lack of evidence are all potential defense strategies in domestic violence cases. An experienced lawyer can challenge the credibility of witness statements, police procedures, and the prosecution’s case to seek dismissal, reduced charges, or alternative sentencing options. If you have been accused of domestic abuse, contact a trusted Indiana domestic violence attorney immediately to discuss your legal options.
Frequently Asked Questions About Domestic Abuse Charges in Indiana
What constitutes domestic abuse in Indiana?
Domestic abuse in Indiana refers to physical, emotional, or psychological harm inflicted on a spouse, partner, family member, or household member. It includes acts such as hitting, threatening, stalking, or coercing someone within the domestic relationship.
What are the penalties for domestic abuse in Indiana?
Penalties for domestic abuse in Indiana depend on the severity of the offense. Domestic battery is typically a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. However, it can be elevated to a Level 6 felony if the defendant has prior convictions or causes serious injury, leading to a longer prison sentence.
What is a protective order in Indiana?
A protective order, also known as a restraining order, is a legal order designed to prevent further abuse. It may prohibit the alleged abuser from contacting or coming near the victim and can also include temporary custody arrangements or financial support orders. Violating a protective order can result in additional criminal charges.
Can domestic abuse charges be dismissed in Indiana?
While the victim may wish to drop the charges, the decision to dismiss charges rests with the prosecutor. If there is sufficient evidence of abuse, the case may proceed even without the victim’s cooperation. A criminal defense attorney can assess the situation and help explore defense options.
What should I do if I am accused of domestic abuse in Indiana?
Remain calm, refrain from making statements to law enforcement without legal representation, and contact a skilled criminal defense lawyer immediately. It is crucial to understand your rights and build a strong defense.
How does Indiana classify domestic battery?
Domestic battery in Indiana is typically classified as a misdemeanor, but it can be upgraded to a felony if the defendant has prior domestic violence convictions or if the victim suffers serious bodily injury. Felony domestic battery can result in prison time, probation, and significant fines.
What defenses can be used against domestic abuse charges in Indiana?
Defenses against domestic abuse charges in Indiana may include lack of intent, self-defense, or challenging the credibility of the accuser. Each case is unique, and the specific defenses will depend on the circumstances. A defense attorney can evaluate your case and identify the best legal strategy to protect your rights.
Can I lose custody of my children due to domestic abuse charges?
Domestic abuse charges can influence custody decisions. Courts prioritize the safety and well-being of children, and a conviction for domestic abuse can impact your ability to retain custody or visitation rights.
What are the long-term consequences of a domestic abuse conviction in Indiana?
A domestic abuse conviction can lead to jail or prison time, probation, mandatory counseling, fines, and a permanent criminal record. It can also affect relationships, employment, housing, and future legal proceedings.
Can I get a domestic abuse conviction expunged in Indiana?
In some cases, a domestic abuse conviction may be eligible for expungement, depending on the severity of the offense and the time elapsed since the conviction. A criminal defense attorney can assist in determining eligibility and navigating the expungement process.
Why We Are Right For You
Experience
With over 36 years of combined experience as a lawyer and former FBI Special Agent, attorney Jerry Garner brings a unique perspective, having served on both sides of the law where others have not.
Communication
We are dedicated to keeping you informed every step of the way. From the initial consultation to the resolution of your case, we prioritize clear and open communication. Our goal is to ensure you fully understand your rights, options, and the progress of your case, providing you with the confidence and support you need throughout the legal process.
Results
With a proven track record of achieving favorable outcomes, we are dedicated to resolving cases in our clients' best interests. Our commitment to excellence ensures that each case is handled with strategic precision and unwavering advocacy.
“I am not a “high volume” (large caseload) type of criminal defense attorney. I select criminal cases that are particularly interesting to me. And I especially prefer those cases where the accused appears to have suffered an injustice. I am very passionate about protecting the legal rights of my clients…and forcing the all-powerful government to prove its “case” - fairly, and beyond a reasonable doubt. This requires hard work, a lot of time, and effective communication with my clients. I carefully research and investigate the legal and factual issues existing in my cases. My 23 years of FBI Special Agent training and experience greatly assist me in my case-related analysis. I am prepared and committed to represent the accused in serious, complicated criminal cases.”