When violence threatens to fracture Indiana homes
In general, domestic violence is considered violent or aggressive acts within a home aimed at spouses or domestic partners. Indiana law offers a broader interpretation of this crime. In addition to domestic battery, you could be charged with domestic violence for such alleged offenses as harassment, criminal trespass, kidnapping, invasion of privacy and criminal confinement. Whether domestic or nondomestic, these are all considered violent crimes.
Domestic battery is the most common interpretation of domestic violence. It involves intentional touching that causes injury to a spouse, former spouse or some individual with whom the accused has lived or has had a child.
If you’ve been accused of domestic violence, it could affect your relationships with friends, neighbors and your own children. You may even be evicted from your home.
In many cases, the crime is perpetrated by a male, but women are just as capable of committing this serious criminal offense. A 2014 Time story about domestic violence reported that women were as likely to initiate violence as men.
Many times, social stigma leaves a man too embarrassed to seek help against a female spouse or domestic partner who has committed violence against him. An accumulation of unreported instances can lead the male partner to defend themselves from his female partner’s attacks, leading to him facing domestic battery charges. As most cases of domestic violence are perpetrated by men, society offers little belief in the idea a man was simply defending himself against domestic violence.
I’ve been charged with domestic violence – now what?
One of the best things you can do is remain calm and refrain from any retaliatory or irrational action against the plaintiff. If there is a no contact order, respect this order. You may believe you can mend this relationship, but going against a no contact order can only weaken your defense.
The first person you should speak with after a domestic violence charge is an attorney. An experienced domestic violence defense attorney will lay out a plan that will protect you from further incrimination or problems, as long as you follow those guidelines.
If you acted only to protect yourself, you’ll need to prove your safety was at risk. This is one of the surest defenses against a domestic violence charge. Your actions also could be justified if defending a child or someone else from your accuser.
These are just some of the instances that will provide grounds to have charges dismissed or have you found not guilty in court. One of the best ways to protect yourself from a false domestic violence accusation is having witnesses. Try to find people who could support your case, those who would be able to comment on the behaviors they’ve observed or those who may have actually witnessed the event. Details make all the difference.