Domestic Violence Defense Attorney in Bloomington, IN

Domestic Violence Laws in Indiana

According to Indiana Code 35-31.5-2-78, domestic violence is any offense committed against a family or household member that involves either the use of physical force or the threatened use of a deadly weapon.

By law, “family or household member” applies to the following people:

• Your current or former spouse
• A person related to you by marriage, i.e., an in-law
• A person you are currently dating or have previously dated
• Your sexual or intimate partner(s)
• A person related to you by blood or adoption
• Your guardian, ward, custodian, foster parent, or similar person
• A person you have a child with
• The minor child(ren) of any person listed above, even if they are not your child

If police suspect you of harming, attempting to harm, or conspiring to harm any of the above individuals, there is a good chance you will be arrested.

Mandatory Jail Time for Domestic Violence

While in police custody for an alleged domestic violence offense, you cannot be released on bail until at least 24 hours from your arrest (IC 35-33-1-1.7). This holding period used to be only eight hours in Indiana until Act 158 was passed in 2023, that tripled the amount of time.

This law demonstrates how seriously domestic violence charges are taken in Indiana: you might spend a day or longer in jail and miss out on work and personal obligations before you even have the chance to prove your innocence.

With so many factors working against you, it is essential not to talk about the incident to the police or contact any family or household members involved. Instead, remain silent and hire a defense attorney right away.

Indiana Domestic Violence Penalties

The legal penalties for any domestic violence offense are steep. You may be facing a misdemeanor in the best-case scenario. Still, these charges can easily become a felony if you have prior offenses, cause bodily injury, commit the offense in the presence of a child, or other aggravating factors apply.

Indiana prosecutors take domestic violence cases seriously and will try to make an example of you. Depending on the severity of your domestic violence charges, you could face any of the following:

• Class A Misdemeanor: up to one year in prison and no more than $5,000 in fines
• Level 6 Felony: six months to two and a half years in prison and up to $10,000 in fines
• Level 5 Felony: one to six years in prison and up to $10,000 in fines
• Level 4 Felony: two to 12 years in prison and up to $10,000 in fines
• Level 3 Felony: three to 16 years in prison and up to $10,000 in fines
• Level 2 Felony: 10 to 30 years in prison and up to $10,000 in fines
• Level 1 Felony: 20 to 40 years in prison and up to $10,000 in fines

Domestic Violence Conviction – Collateral Consequences

The negative impact of a domestic violence conviction does not begin and end with the legal penalties. Collateral consequences will likely follow you for the rest of your life. For example, a domestic violence conviction can lead to:

• Loss of your child custody rights
• Loss of your Second Amendment rights (IC 35-38-1-7.7)
• Certain bail conditions, such as a monitoring device (IC 35-33-8-11)
• Limited job opportunities
• Damage to your standing or reputation within the community

Why You Need a Domestic Violence Defense Lawyer

Being accused of domestic violence can be a devastating and emotional experience, but there isn’t a lot of room for you to react. Reaching out to your accuser to try and “straighten things out” will only worsen your situation—especially if they have a protection of abuse or no-contact order against you.

The only person you should discuss your charges with after a domestic violence arrest in Indiana is an experienced criminal defense attorney. They will be your best resource and option if you hope to protect your rights throughout the criminal process. Knowing what to look for in your defense lawyer is crucial. You should find someone compassionate yet aggressive with experience and success handling similar cases.

Domestic battery defense lawyer Allison Chopra of Chopra Criminal Defense has spent years navigating the Indiana legal system as a former prosecutor and criminal defense attorney. Her unique experience prosecuting domestic violence cases allows her to look at your defense from all angles and fully prepare you for what comes next. By anticipating how prosecutors approach your case, Allison can find the best ways to undermine their arguments to secure a desirable outcome.

Defenses to Indiana Domestic Violence Charges

Together, we can stave off the most severe penalties and collateral consequences of a domestic violence conviction by gathering evidence and testimony to support your case, collecting discovery to determine what the other side has against you, and negotiating with the prosecution to reduce or dismiss your charges.

There are many ways you can challenge a domestic violence charge, including:

• The “victim” has motive to falsely accuse you
• You acted out of self-defense
• The other person involved was not a household or family member
• You were somewhere else when the offense occurred
• The prosecution lacks evidence to convict you

Regardless of how we defend against your domestic violence charges, Chopra Criminal Defense will ensure that we use the most effective strategies to secure a desirable outcome.

Avoid a Domestic Violence Conviction. Call Allison Chopra.

Domestic violence accusations can wreak havoc on your life. Indiana prosecutors will closely scrutinize your every move after an arrest, so you must make the right ones. With the help of experienced domestic battery defense attorney Allison Chopra, you can protect yourself, restore your rights, and show that your charges do not define you.

If you’ve been charged with domestic violence in Indiana, don’t hesitate to contact Allison Chopra as soon as possible for a free, 30-minute consultation: (812) 671-0103.