Domestic Violence Defense Lawyer in Crown Point, Indiana

When a Domestic Violence Claim Starts Moving Forward

If you believe you are under investigation for domestic violence, it is crucial to take action as soon as possible. Without adequate legal representation, your situation could quickly escalate to formal charges and a criminal conviction. Retaining a Crown Point domestic abuse defense lawyer immediately can make a critical difference in your case.

Stracci Law Group defends people accused of domestic violence offenses in Crown Point and throughout Northwest Indiana. Our team includes former prosecutors, and that experience helps us evaluate the evidence, spot weak points in the State’s version of events, and start building a defense early. Call (219) 525-1000 or contact Stracci Law Group online to schedule a consultation.

Who Can Be Charged with Domestic Violence?

In Indiana, domestic violence is not just one stand-alone criminal charge. In many cases, it refers to domestic battery or another offense involving a family or household member.

That may include:

• A current or former spouse.
• Someone you live with or used to live with.
• Someone related by blood or marriage.
• Someone with whom you share a child.
• A current or former dating partner in some situations.

Domestic violence cases in Indiana can involve more than one charge. Depending on the facts alleged, prosecutors may pursue offenses tied to threats, repeated conduct, physical force, or sexual conduct.

Charges Commonly Alleged in Domestic Violence Cases

As mentioned above, domestic violence is a broad category of offenses. Some of these offenses don’t even involve inflicting any sort of physical harm. Below are some examples:

Intimidation

The crime of Intimidation involves the communication of a threat with the intent (1) that another person engages in conduct against the other person’s will; or (2) that another person is placed in fear of retaliation for a prior lawful act. There is no requirement for touching or a physical injury.

Stalking

Stalking means deliberately and repeatedly harassing someone in a manner that causes the victim to feel threatened, terrorized, frightened, or intimidated. This behavior must be such that it would cause an ordinary person to react the same way.

Strangulation

Strangulation occurs when the perpetrator knowingly or intentionally applies pressure to the victim’s throat, neck, or torso or performs similar acts that obstruct the victim’s breathing or blood circulation.

Sexual Assault

Sexual assault occurs when the perpetrator engages in sexual conduct that is involuntary in the sense that the victim was coerced, forced, intimidated, unconscious, mentally disabled, etc.

Penalties for Domestic Violence in Northwest Indiana

A domestic violence claim can lead to immediate restrictions on your freedom and longer-term legal consequences. Under Indiana Code § 35-42-2-1.3, domestic battery may be charged as a misdemeanor or a felony depending on the facts of the case. Our experienced domestic violence defense attorneys in Indiana can review what’s been charged, the alleged facts, and the possible sentencing range.

Penalties:

• Class A misdemeanor: up to 1 year in jail and up to a $5,000 fine.
• Level 6 felony: 6 months to 2.5 years and up to a $10,000 fine.
• Level 5 felony: 1 to 6 years and up to a $10,000 fine.
• In more serious cases, domestic battery can be charged as a Level 4, Level 3, or Level 2 felony, carrying up to 12, 16, or 30 years in prison.
• Firearm restrictions: a court may order the surrender of firearms as part of a protection order or no contact order, and Indiana law also makes firearm possession after a domestic battery conviction a crime.

Prosecutors may also file related charges in the same case. For example, strangulation is a Level 6 felony and rises to a Level 5 felony in some situations, while stalking starts as a Level 6 felony and can also be elevated. That means the exposure in a domestic violence case may come from more than one count, not just domestic battery by itself.

Defenses Against a Domestic Violence Charge

If you have been charged with domestic violence, a conviction is not necessarily inevitable. Depending on the facts of your case, you may have a defense. Some of the most common defenses include:

• False accusation: People frequently use false domestic violence allegations to gain an advantage in child custody proceedings, divorce proceedings, etc.
• Self-defense: It might be the case that your accuser was the aggressor and that you acted in self-defense.
• Defense of others: You might have resorted to force or violence to prevent your accuser from harming your children, for example.
• Police misconduct: The prosecutor cannot use evidence obtained as a result of police misconduct.
• Reasonable doubt: The sum of the evidence does not establish your guilt beyond a reasonable doubt.

Many other defenses might be available, depending on your circumstances.

What Happens After a Domestic Violence Allegation

A domestic violence allegation can set more than one legal process in motion. Under the Indiana Civil Protection Order Act and Indiana’s official protection-order instructions, a court can issue an ex parte order without first holding a hearing, or it can issue an order after a hearing.

• Contact limits: The court may order no contact with the other person.
• Place limits: The court may restrict access to a home, school, workplace, or other regular locations.
• Home removal: In some cases, the court may order a person out of a shared residence.
• Parenting-time issues: If children are involved, the court may set or limit parenting time.
• Fast timeline: Some restrictions may begin before the criminal case is resolved.
• Permanent record: A conviction can remain on your criminal record and affect future background checks.
• Employment and housing issues: A domestic violence conviction can make it harder to keep a job, get hired, or secure housing.
• Professional and educational consequences: A conviction may affect licensing, schooling, and other future opportunities.

Because these cases can move quickly, the first response to an allegation may affect where a person can go, who they can contact, and what happens next in court.

What Sets Stracci Law Group Apart in Domestic Violence Cases

If you are looking for a domestic violence defense attorney in Indiana, you need a law firm that can assess the accusation early, challenge weak evidence, and move quickly when the case starts affecting your life. Stracci Law Group defends clients in Crown Point and across Northwest Indiana in domestic battery and related criminal cases.

Trial-Tested Defense

Our skilled Crown Point domestic violence defense attorneys bring over 100 years of combined experience to criminal defense matters in Indiana. That experience matters when a domestic violence case may involve jail time, felony exposure, no-contact restrictions, and a permanent record.

Prosecutor Insight

Several of our lawyers previously served as prosecutors in Northwest Indiana. That background helps us evaluate how the State may approach the case, where the evidence is vulnerable, and what issues deserve immediate attention.

Fast Action

Domestic violence allegations can affect housing, contact with family, and daily life almost immediately. Our team moves quickly to review the facts, examine the evidence, and begin building a defense. Clients searching for Indiana domestic violence defense lawyers need a team ready to act early.