How Cops Respond to Domestic Violence Calls in Indiana

Posted on February 14, 2023 by admin

Domestic violence is a serious problem in Indiana and across the United States. According to governmental data, in 2019 there were an estimated 1.2 million domestic assaults reported to law enforcement agencies nationwide. Unfortunately, it’s likely that many more cases of domestic violence go unreported and undetected each year.

In Indiana, law enforcement officers are trained to respond quickly and effectively when called upon for assistance with a domestic dispute or complaint. The state has specific laws in place that dictate how police should handle these types of calls to ensure the safety of all involved parties while also providing victims with necessary resources and support services they need to get out of dangerous situations.

In this blog post, we’ll take a closer look at how law enforcement responds to domestic violence calls in Indiana so you can be better informed about your rights and responsibilities if you ever find yourself facing such a situation.

Call 317-636-7514 to Speak With a Domestic Violence Lawyer in Indianapolis. — Call 317-636-7514 to Speak With a Domestic Violence Defense Lawyer in Indianapolis.

Domestic Dispute Police Response Process in Indiana

When law enforcement is called to respond to a domestic dispute in Indiana, the officers must first assess the situation. They will ask questions, such as whether or not any weapons are present, and take note of other signs that could indicate domestic violence is taking place. If it appears that an act of domestic violence has occurred, the officers must comply with certain procedures, such as interviewing any involved parties and performing a protective sweep of the dwelling.

The officers must also make sure that any victims of domestic violence are taken out of immediate danger and provided with appropriate resources, such as temporary housing or restraining orders. The officers must also take necessary steps to ensure the safety of all parties involved by making sure that any weapons present are collected and securing the scene.

In Indiana, law enforcement officers have an obligation to protect victims of domestic violence. They must evaluate each situation independently and determine if there is probable cause for arresting someone or issuing a Domestic Violence Order of Protection. If so, they can take necessary steps to provide victims with the safety and security they need to get out of a dangerous situation.

Cooperate With Police and Stay Calm

Whether the victim, the accused, or both, always be polite with law enforcement, as they are there to help. Guilty or not, if they place you under arrest, remain calm and don’t say another word until you have spoken with your Indianapolis criminal defense attorney. Once you are booked into the jail system, you can contact your lawyer and get bonded out of jail. From there, you will work on your defense.

Overall, it’s important to remember that law enforcement officers in Indiana take domestic violence calls seriously, and their primary goal is to protect victims and ensure the safety of all parties involved. If you ever find yourself in such a situation, please know that help is available, and you should not hesitate to call for assistance.

Putting an End to Domestic Violence

It’s important that we all work together to end domestic violence and make sure that those affected by it get the help they need urgently. And by working with law enforcement and other organizations dedicated to ending domestic violence, we can ensure that everyone in Indiana has access to the resources and support services they need. Let’s all play a role in making sure our state is free from domestic violence.

If you or someone you know is in a dangerous situation, don’t hesitate to reach out for assistance. Contact 911 in the case of an emergency. You mat also contact your local law enforcement office or visit the Indiana Coalition to End Domestic Violence website for more resources and information.

If you have been falsely accused of domestic violence, hire an aggressive lawyer who can protect your rights and get your charges dropped in Indiana. Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with our experienced domestic violence defense lawyer in Indianapolis. Meet by phone or in person at our law office, based conveniently in Downtown Indy.

How to Keep Yourself Safe During a Cop Stop

Posted on January 5, 2022 by admin

From police brutality and abuse of authority to the BLM movement and beyond, cop stops have taken on a more serious stigma in recent times. If not careful, anyone may potentially be subjected to an unsafe cop stop. In just a few short moments, police encounters can evolve into dangerous and self-incriminating situations for those who are being detained.

Continue reading to learn how to keep yourself safe during a cop stop, plus who to contact in Indiana if you have been wrongfully charged with a crime or mistreated by law enforcement during an arrest.

Wrongful Arrest Lawyer Indianapolis Indiana 317-636-7514

Ways to Stay Safe During a Police Encounter

Whether you are being pulled over in your vehicle by a police officer on the road, stopped by a law enforcement official on the street for questioning, or visited by one at your house, there are plenty of Do’s and Don’ts to keep in mind in order to keep yourself safe from harm and undo arrest. Even if you are visiting the police station to be interviewed for information you might have on recent crime, it is important to utilize these tips for the same reasons.

What To Do During a Cop Stop

In the case of all police encounters, these are the top 4 most important things to do to keep yourself safe from harm or an unjust arrest:

☑ SHOW YOUR HANDS
☑ KEEP STILL
☑ STAY CALM
☑ BE PATIENT

Getting Pulled Over in Your Car

If you are getting pulled over by a police officer while driving, begin to slow down at a safe pace, then immediately pull over to the right side of the road. Remain in the driver’s seat until the law enforcement official approaches. Never attempt to get out of your car nor switch spots within the vehicle.

If the police officer asks to search your car, you can legally tell them no. They may search your car anyway; in such case, it is important to remain calm and continue cooperating. You can safely address this wrongdoing later on with an attorney by your side.

In the case that a police office suspects you have been drinking alcohol and wants you to take a breathalyzer or field sobriety test, if you do not comply, your drivers’ license will be automatically suspended for 6 months. This is an agreement you make when you register your vehicle with the state. If this happens, you have 10 days from the time of arrest to have it reinstated. If you miss the deadline, you may qualify for other possible drivers’ license options following a DUI.

Being Frisked By Police

When being searched and patted down by a police officer, it is important to demonstrate the top four key principles, which include keeping your hands visible, keeping still, staying calm, and being patient. You never want to resist when a cop is trying to pat you down or search you.

Being Visited at Your House By a Cop

If a cop decides to come by your home to question you or serve you, it is important to first ensure they are actually an official law enforcement officer. This is easy to do with a polite and simple request to view their badge. Never have an attitude with the police officer at your door.

You do not have to allow the police officer inside unless they have a search warrant. Be sure to check that it is a valid search warrant if a cop declares they have one. It is also recommended to ask another occupant (preferably an adult) within the home to join you as a witness to the encounter.

Getting Arrested During a Traffic Stop

In the case that you are being arrested after being pulled over by police, there are a few things you can do to ensure the best possible outcome in addition to the four key principles mentioned before. First ask the police office to lock your vehicle. The cops may allow you to do it yourself if you are cooperating and being polite.

Obey the police officer to the fullest extent but remain as quiet as possible. Try not to ignore them if they’re asking questions. You can simply state, “I am not trying to be rude, but I do not wish to speak until my lawyer is present.” Never resist or attempt to put your hands on a police officer during cop traffic stop. Simply remain calm and still. If you are minor, ask the police officer if you can call your parents.

Do you believe that you are wrongly arrested and charged with a crime in Indiana? Do you believe you were illegally mistreated during a cop stop? Contact the Law Office of David E. Lewis at 317-636-7514 to connect with one of our esteemed criminal defense attorneys in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

What to Do if You are Facing Felony Assault Charges in Indiana

Posted on April 29, 2021 by admin

If you are facing felony assault and/or battery charges in Indiana, there is no time to waste. You must get started on your defense as soon as possible if you want a chance at avoiding the maximum penalties, including jail time. Continue reading to learn what to do and how to protect yourself after being arrested or indicted on felony assault charges in Indiana.

Indianapolis IN Assault and Battery Lawyers 317-636-7514

What is Assault and Battery?

The crime of Assault and battery is considered a violent criminality in our state. “Assault” denotes the threat of violence, whereas “battery” refers to “offensive, angry, or insolent” physical contact. Both are highly reprimanded crimes in Indiana, and those convicted could face serious life-long consequences.

Assault and Battery Charges in Indiana

If you are currently dealing with assault and battery charges, time is not on your side. It is crucial to take immediate action and hire professional legal counsel since the side of prosecution is already building their case against you. For this reason and many more, it is vital to hire an Indianapolis criminal defense law firm as soon as possible to protect your rights and preserve your freedoms. Because such charges are so serious, and come with a harsher level of penalties, it is necessary to invest in private criminal defense. It is not wise to take a public defender if you are facing a felony conviction.

Who to Trust for Indiana Criminal Defense for Assault Charges

David E. Lewis, Attorney at Law, is the tough and aggressive assault and battery attorney you need to protect your future and get you the fairest possible outcome for your case. You can trust him to defend your rights and guide you through the Indiana criminal process, all while keeping your personal best interests in mind. His years of experience and heightened knowledge of criminal law will be your primary defense weapon against over-penalization and jail time.

Ready to get your defense started? Contact the Law Office of David E. Lewis at 317-636-7514 and schedule a free case evaluation to discuss possible defenses for your felony crimes assault and battery charges in Indiana.

You Should Also Read:

Possible Court-Ordered Penalties for Felonies and Misdemeanors in Indiana
Information About State Felony Appeals and Criminal Defense
How Can I Get a Job if I Have a Felony?

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Does Your Indiana Criminal Defense Case Involve Aggravating Factors?

Posted on April 14, 2021 by admin

What are aggravating factors? If you were recently arrested in Indiana, and your criminal charges involve aggravating factors, you need to read this. Continue below to learn what you want to know about your aggravating factors, including what they mean, how they can impact your ultimate judgement, and how you can build a strong and impactful defense against them.

Indianapolis Indiana Criminal Defense Lawyers 317-636-7514

Aggravating Factors

Aggravating factors are specific facts and elements involved in your alleged offense that can make your criminal charge more serious. Ultimately, if the judge or jury finds that your criminal charges do in fact involve aggravating factors, your sentence and subsequent penalties will be harsher than if your case did not involve aggravating factors. Here’s an example: Jeff was arrested for selling drugs. The location in which he was caught by law enforcement trafficking illegal drugs was within 50 yards of an elementary school. Because his offense took place within close proximity to the school, this element would be considered an aggravating factor.

In another example, if a person were to commit the crime of assault and battery against a person, Indiana statutes would penalize them with a Class B misdemeanor. However, if their offense caused the opposing party bodily harm, it would be considered an aggravating factor to the case, and their criminal charges would be increased to a Class A misdemeanor. In the same example, if the offender used a weapon against the victim, such as a baseball bat or even a beer bottle, it would be considered another aggravating factor, so the criminal charges would be increased to a Class C felony.

Mitigating Factors

Do not confuse aggravating factors with mitigating factors. Mitigating factors, also known as extenuating circumstances, are the opposite of aggravating factors because instead of increasing the severity of the charge, they reduce it or suggest the opportunity for leniency. For example, if a person is arrested shoplifting at a store to satisfy a substance abuse addiction, their criminal charges might be reduced if they agree to alternative forms of sentencing such as drug rehabilitation. This element would be considered a mitigating factor to their case.

Are you facing aggravating factors in your current or pending criminal case? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a free consultation with a seasoned Indianapolis Indiana criminal defense lawyer who cares about your freedoms.

You Might Also Enjoy:

The Difference Between Aggravating and Mitigating Factors
Factors That Affect Jail Sentences
How Your Sentence Will Be Determined as a Defendant Facing Criminal Charges

Does Someone Need Proof to Issue a Restraining Order Against Me?

Posted on December 30, 2020 by admin

Have you recently had some toxic relationship troubles? Or perhaps a person at work feels threatened by you? Maybe a family reunion over the holidays went bad at some point in the celebratory revelries? Regardless of the circumstances that got you here, facing a restraining order is not something anyone wants to deal with. Unfortunately, just about anyone can petition for a protective order against another person, so long as they have valid justification to do so. But what makes a restraining order request valid in the eyes of the law? Or at least the presiding judge?

Continue reading to learn more about restraining orders, including what is needed to officially put one into motion, and what to do if you violate one.

Indiana Restraining Order Violation Attorney 317-636-7514

Restraining Orders are Court-Ordered Documents

A restraining order is a court-ordered document that legally mandates a defendant (the person the order is against) to stay a specified distance away from the plaintiff (the person filing the order). In most cases, such orders are issued in situations of domestic violence or stalkers. However, they are often issued in legal matters regarding bullying, harassment, provocation, voyeurism, and similar threatening behaviors. It is against the law for a person named in a restraining order to violate any of the terms decreed.

The Process of Filing for a Restraining Order

The process of filing a restraining order is very similar to any other type of court filing process. You would go to the local courthouse, fill out the proper documents given to you by the clerk, and submit the paperwork as instructed. From there, a hearing will be scheduled in which you and the person named in the restraining order will be mandated to appear.

After delivering the facts of the case, the judge will decide if you have provided valid facts that justify granting you a restraining order against the defendant. At this same hearing, the defendant will also have the opportunity to tell their side of the story. If you are the one named in the order, it is vital to have a criminal defense lawyer represent you at this hearing.

Types of Proof

The person filing for a restraining order holds the burden of proving that they are indeed in some form of danger. They must provide facts to the judge that show the defendant is threatening and unwilling to stay away at the plaintiff’s repeated requests. Such proof might include text messages, emails, witness statements, photographs, surveillance video, police reports, and medical records. Word of mouth is not enough to convince a judge to grant a restraining order against a person.

Temporary Restraining Order (TRO)

A temporary restraining order (TRO) is basically the same thing as a standard restraining order, with the only real difference being time. Standard restraining orders, once granted, are kept active until the filer drops the order of protection. Temporary restraining orders are short-term, and only remain in effect for 15 to 20 days. They are mostly used in situations of domestic violence, as well as victims of verbal, emotional, and mental abuse.

Protective Orders Vs. Restraining Orders

Protective order is just another term for restraining order. The exact term used in court proceedings varies among jurisdictions, but they do mean the same thing. Here in Indiana, we use the term, protective order.

What to Do if You Violate a Protective Order in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to learn how to protect yourself after violating a restraining order in Indianapolis, Indiana. Attorney David E. Lewis offers free initial consultations, so you do not have to pay anything to simply talk to a lawyer and get advice on how to approach your potential or pending charges. Call 317-636-7514 to schedule your online, over-the-phone, or in-office appointment, today.

Can I Be Arrested for Defending Myself in a Fight?

Posted on September 9, 2020 by admin

If someone threatens you with physical violence, you have a right to protect yourself according to federal and Indiana law. But can you get in trouble yourself if your self defense tactics go to far? Will you be charged with assault if you defend yourself too strongly? Continue reading to find out.

Self Defense Versus Assault

Many people have a hard time defining self-defense. Although it is technically legal to protect yourself from physical violence; when does self-defense become assault? Many argue the limits of self-defense, with interpretations ranging from liberal to conservative. But regardless of common belief or misconceptions, it is the law and only the law that dictates the rules of self-defense. Indiana legislation recognizes that citizens have the right to protect their home against unlawful intrusion, as well as, defend themselves and third parties from physical harm or crime. These details can be read in Indiana Code 35-41-3-2. Here is an excerpt:

A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) Is justified in using deadly force; and
(2) Does not have a duty to retreat;
…if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.

Evidence of Rationality

Basically, Indiana legislation is saying that a person has the right to defend themselves if two types of “rationality” are evident. First, the victim must use a form of self-defense that is reasonable to the relation of the force being used against them. For instance, if a bully pushes you, it is not reasonable to take a blunt object to their head. That would not be considered self-defense. However, if the bully were swinging a blunt object at your head, you would have the right to do the same back out of self-defense.

Second, the victim’s belief that the person will harm them with unlawful force must be reasonable. For example, if a girlfriend is yelling at her boyfriend, and then she punches him because he yelled back at her, it would not be self-defense because it was unreasonable to think that her boyfriend was going to physically harm her just because he yelled at her.

Both elements of rationality must be present in order to qualify for defending oneself. But also, the same stipulations apply to self-defense using deadly force. If a person is trying to use deadly force against you or third parties, you have the right to defend yourself and the others with equal deadly force. For instance, if an intruder breaks into a home and aims a gun at the family, the occupants have the right to shoot and kill the intruder in order to protect their own lives.

Additional Elements of a Self-Defense Case

If a lawyer cannot persuade prosecution that a person’s self-defense claim is substantiated, then the case must go to trail and be presented to a judge and jury. In this situation, the criminal defense lawyer would have to prove the above-mentioned elements, as well as, these 3 additional ones:

1. The victim was in a place they had a right to be in.

2. The victim:
a) acted without fault;
b) did not provoke or instigate the violence;
c) did not participate willingly in the violence.

3. The victim showed a reasonable fear and/or apprehension of harm or death.

So, in the case of a stereotypical bar fight, two guys screaming at each other to “do something” or “hit me” would be considered provocation and a willingness to participate in violence. Therefore, if one guy knocks out the other guy’s teeth, a claim for self-defense would not stand up in court.

Where to Get Trusted Criminal Defense in Indiana

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indianapolis criminal defense lawyer. Attorney David E. Lewis will stop at nothing to ensure you are not charged with assault in Indiana after defending yourself against another person or group of people. With decades of hands-on experience, you can trust our law firm to build you a strong and impactful defense against your Indiana criminal charges.

INDIANAPOLIS CRIMINAL DEFENSE LAWYER

Category Archives: Assault and Battery