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家庭暴力律师

If you’ve been accused of committing domestic violence, this is not a situation to take lightly. 这取决于很多因素, 包括其他费用, you could spend months or years in prison 和 pay thous和s of dollars in fines if convicted. A related protective order could also deeply impact your life, including how much time you might spend with your children 和 your role as a parent.

A domestic violence accusation may cause criminal charges to be filed against you as well as an order of protection being issued by a court. You may face additional criminal charges if such an order is in place but you violate its terms.

Criminal charges resulting from 印第安纳州 domestic violence accusations

With the exception of the state’s domestic battery statute, 印第安纳州 law doesn’t have special criminal charges when it comes to alleged crimes where those involved are family members. Additional charges can vary on the circumstances, 包括骚扰, 跟踪, 刑事侵权, 绑架和刑事监禁.

Under 印第安纳州 law, you can commit domestic battery under a number of circumstances. If you touch a family or household member in a rude, 无礼的、生气的或粗鲁的, insolent or angry manner place any bodily fluid or waste on a family or household member, 你犯了家用电池罪, a Class A misdemeanor (you could serve up to one year in prison 和 pay up to a $5,000很好).

This offense becomes a Level 6 felony (6 months to two-和-a-half years of incarceration 和 a fine of up to $10,000)如果发生以下一种或多种情况:

  • 被告有前科, 与家庭暴力无关的定罪, 在另一个司法管辖区, 被判犯有实质相似的罪行.
  • The accused is at least 18 years old 和 committed the offense against a family or household member in the physical presence of a child less than 16 years old, knowing the child was present 和 might be able to see or hear the offense.
  • The incident caused moderate bodily injury to a family or household member.
  • The victim is a family or household member who is younger than 14 years old 和 the offense was committed by a person at least 18 years old.
  • The victim has a mental or physical disability 和 the accused is supposed to take care of this family or household member.
  • The victim is considered an “endangered adult” as defined by 印第安纳州 statute.

The felony penalties increase (one to thirty years of incarceration 和 a fine up to $10,000) if . . .

  • The offense results in serious bodily injury or death to a family or household member.
  • 使用致命武器.
  • There’s bodily injury to a pregnant family or household member 和 the accused knew of the pregnancy.

An order of protection due to 印第安纳州 domestic violence accusations

A person claiming to be the victim of domestic violence could ask a court to issue an order of protection, 和 a parent or guardian could file this petition for a child who is the alleged victim. The judge may issue an order of protection “ex parte” (holding a hearing without the presence of or even notifying the accused if, 根据请愿书, it appears the accused has committed domestic or family violence).

This order could include provisions that the accused (respondent) must . . .

  • 从家里搬出去,
  • 停止与所谓受害者的一切bet9九州体育登录线路,并且
  • Surrender the use of property such as an automobile to the petitioner, 即使它属于被调查者.

如果有这样的命令, there must be a hearing within 30 days of its being issued, 和 the respondent needs to be notified of the hearing. If the judge decides afterward that an order of protection is necessary to protect the petitioner from a credible threat of violence, it may issue another order that lasts for up to two years.

The order could contain the provisions found in the ex parte order as well as the following:

  • Creating or denying the respondent visitation time with children of the petitioner 和 respondent,
  • Requiring the respondent to pay for the petitioner’s expenses, 包括心理咨询和医疗bet9九州体育登录, 和,
  • Prohibiting the respondent from possessing firearms.

How Church, 兰登, Lopp, Banet Law can help those facing 印第安纳州 domestic violence accusations

In cases involving domestic violence, both the accuser 和 the accused have legal rights. 我们有经验的 新奥尔巴尼刑事辩护律师路易斯维尔刑事辩护律师 have the skills 和 knowledge needed to ensure that our clients get compassionate, effective representation when they’ve been arrested or charged with domestic violence.

To get more information 和 explore your options, 接触教会, 兰登, Lopp, Banet Law today by calling us or filling out our online form. The initial consultation is free, so you have nothing to lose. Whatever the specifics of your case, we will be relentless in fighting for you.

马克·陶菲克律师

Marc is a 肯塔基州 native, having lived 和 worked in the state the majority of his life. He is a licensed attorney in 肯塔基州 和 印第安纳州, 他的重点是试验工作, 包括民事诉讼和刑事辩护. 他代理过各种各样的客户, 和 he is committed to putting his clients’ needs first. [ 律师生物 ]

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