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What to Do if You Were Falsely Accused of Domestic Violence

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Domestic violence in a serious crime, and unfortunately, a prevalent one all across the Nation. However, not everyone suspected of or charged with domestic violence is guilty. If you have been falsely accused of domestic violence in Indiana, it is in your best interest to assume a strong and impactful defense to protect your rights and preserve your freedoms. A domestic violence conviction stays on your record, and can have lasting, if not lifelong negative effects on your quality of life.

Continue reading to learn what you need to do to protect yourself from being wrongly convicted of a domestic violence offense in Indiana.

Domestic Violence Lawyer Indianapolis Indiana 317-636-7514
Domestic Violence Lawyer Indianapolis Indiana 317-636-7514

Domestic Violence Accusations are Serious

If you have been accused of domestic violence, take it seriously. Many people are falsely accused and ultimately, wrongly convicted of domestic assault or battery, which results in lasting, lifelong consequences. You must act fast and hire a licensed and aggressive Indiana criminal defense lawyer who can fight your charges and prove your innocence beyond any doubt.

Divorce and Child Custody Matters

False domestic violence reports commonly arise during divorce and child custody matters. One party may attempt to tarnish the reputation of the other for the purpose of gaining assets or winning child custody. Then again, fake domestic violence accusations are often made simply out of spite or revenge. Anyone can fall victim to a phony domestic violence accusation, which is why it is important to educate yourself on how to remain protected against such false charges.

Mistakes Made By Responding Police

Often times, domestic violence arrests and subsequent charges arise due to law enforcement error. The police officers who respond to the scene of a potential domestic violence dispute can possibly make a miss call or use poor judgment, and as a result, arrest the wrong person. This often happens when it’s one person’s word against the other. In such cases, it is important to use the highest degree of respect and cooperation. Attitude, anger, or belligerence can result in an arrest, whether you’re guilty or not.

Penalties for Making Untrue Domestic Violence Claims

Anyone who falsely accuses another person of domestic violence by filing an official report with police will face serious penalties if caught further deception. Not only will they face potential criminal charges, but upon eviction, they may face heavy fines and jail time.

Were you been falsely accused of a crime and now you are facing criminal charges as an innocent victim? Contact the Law Office of David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense attorney in Indianapolis, Indiana. We can meet over the phone, via online video conference, or in person at our office.

Related Posts:

Are You Innocent of a Recent Criminal Charge in Indiana?
Who Gets Arrested in a Domestic Violence Police Call?
The Indiana Rule For Domestic Violence

Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514
Criminal Attorney David E Lewis Indianapolis Indiana 317-636-7514

Who Gets Arrested in a Domestic Violence Police Call?

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If you are currently in an abusive relationship of any kind in Indiana, please visit The Indiana Coalition Against Domestic Violence to get the help and support you deserve.

Domestic Battery Crimes

Criminal Defense Attorney 317-636-7514

Criminal Defense Attorney 317-636-7514

Domestic violence, also called domestic battery, is a crime that is defined in Indiana Code § 35-42-2-1.3 as any act of causing physical injury through intentionally touching to a current or former spouse. Domestic battery charges are serious, and can result in a Class A Misdemeanor or Level 6 Felony, depending on the severity and details of the crime, as well as the criminal history of the defendant. It also comes with a wide variety of legal penalties, including jail time, probation, protection orders,
child custody orders, intervention courses,
fines, fees, and much more.

If convicted of a Class A Misdemeanor, a person faces up to 1 year in jail, up to $5,000 in fines, and other court-ordered penalties like probation and intervention classes. A Level 6 Felony may render up to 3 years in prison and up to $10,000 in fines. You must retain the services of an experienced Indiana criminal defense lawyer for any chance at avoiding the maximum penalties handed down for domestic violence crimes.

What Constitutes a Spouse?

In Indiana, in order to be defined as a “domestic” battery charge, the two individuals involved must meet at least one of the following requirements:

• Spouse
• Ex-Spouse
• Share a Child
• Living Together as Spouses
• Used to Live Together as Spouses

Spouses are not just married and divorced couples in the eyes of the law. There are several factors that qualify a person as a “spouse” in a domestic battery case. Courts are obligated to consider these factors in order to determine whether or not two people are, or were, spouses.

They will consider the length of the relationship and the frequency of contact, as well as, whether or not they are financially interdependent, if they are raising children together, if they engage in activities or behaviors toward maintaining a common household, and more. If the two people are indeed considered spouses or former spouses, then it would be a domestic charge. But if a person is not a spouse in any regard, then the criminal charge would be a regular battery charge.

Who Gets Arrested at the Scene?

Many times, domestic violence calls are not made by the victims and abusers, but rather the neighbors and onlookers that call to notify police of a problem. In these cases, many people might wonder who, if anyone, will be arrested on a domestic violence police call. What if both individuals accuse the other person of battery? What if both individuals assert that no violence occurred? On the other hand, many calls are made by the victims, themselves. In these cases, who gets arrested? Will it be the accuser or the accused? Or both?

Many states have mandatory arrest policies for domestic violence calls. But in Indiana, it is up to the discretion of the responding police officers to determine if arrests need to be made. Depending on the circumstances at the scene, police may arrest one or both parties. If a cop is on the cautious side, they may make an arrest even for a simple argument between couples. If police believe that no assault occurred, it is possible that no one is arrested, but they may still follow procedures on making sure no further violence or dispute takes place. They do this by separating the two parties. It is common for an officer to politely assist one person in collecting some personal belongings and then escorting them to a safe place, such as a friend or relative’s house.

Accused of Domestic Violence in Indiana?

David E. Lewis Criminal Defense Attorney

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you were recently arrested on a domestic battery charge in Indiana. He is an experienced and aggressive Indianapolis criminal defense attorney who will work hard to protect your rights and preserve your freedoms. We offer free initial consultations to discuss the best strategy for your defense. Call 317-636-7514 to get started today.