Worthley Law

Domestic Violence Lawyer Valparaiso, Indiana

Domestic Violence Lawyer Valparaiso, Indiana

If you have been accused of domestic violence in Indiana, you need a qualified, competent lawyer on your side to help you improve your case outcomes.

Domestic violence charges are serious, and without the right representation, you could receive a prison sentence of up to 30 years for a domestic violence conviction. However, having professional legal representation from our criminal defense lawyer in Valparaiso, Indiana, can help you navigate your case effectively and minimize your sentence.

At Worthley Law, we have extensive experience representing clients accused of domestic violence in Valparaiso or the surrounding areas. Call today to schedule your consultation.

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    domestic violence defined

    According to the Department of Justice, domestic violence is defined as a pattern of abusive behavior within a familial relationship. The perpetrator typically uses the abusive behavior to gain power or control over the victim.

    Domestic violence can include various types of abusive behavior, including any of the following:

    • Physical abuse
    • Sexual abuse
    • Emotional abuse
    • Economic abuse (controlling or restraining access to resources)
    • Psychological abuse
    • Technological abuse (stalking, controlling internet devices)

    The term “domestic” refers to an act of violence against someone within your family or household. A domestic relationship can include:

    • Marriage
    • Cohabitation
    • Blood relationship
    • Intimate relationship (not always sexual)
    • De-facto relationship

    indiana domestic violence statistics and laws

    According to a 2021 survey, 42.5% of women and 27.9% of men in Indiana experience domestic violence in their lifetimes. Local domestic violence hotlines experience over 19,000 calls each day, averaging 13 calls per minute.

    Indiana state law refers to domestic violence as “domestic battery” and involves any physical action that causes injury. The law also outlines aggravated battery, which leads to the chance of severe injury, permanent disfigurement, or death.

    Domestic assault may also fall under domestic violence charges. Assault involves intentional acts that cause a person to fear imminent physical harm.

    However, the law states other offenses that many people would classify as domestic violence, including:

    • Invasion of privacy
    • Intimidation
    • Harassment
    • Confinement
    • Strangulation

    consequences of a domestic violence conviction

    A domestic violence conviction in Indiana can lead to criminal penalties and collateral consequences. The severity of your penalties depends on the exact circumstances surrounding the domestic violence. Indiana can classify domestic violence as a level 2 through 6 felony or class A misdemeanor, which each result in varying penalties:

    • Level 2 felony: Ten to 30 years in prison
    • Level 3 felony: Three to 16 years in prison
    • Level 4 felony: Two to 12 years in prison
    • Level 5 felony: 12 to 72 months in prison
    • Level 6 felony: Six to 30 months in prison

    These felonies can also come with up to $10,000 in fines. A class A misdemeanor can result in up to 12 months in county jail and up to $5,000 in fines.

    If you have previous domestic violence charges or convictions, your penalties may be harsher. Meanwhile, first-time offenders tend to receive lighter sentences.

    Additionally, a domestic violence conviction will go on your criminal record. Having a criminal record can lead to a range of collateral consequences, such as:

    • Difficulty finding housing
    • Trouble landing a job
    • Child custody challenges
    • Loss of gun rights
    • Trouble securing professional licenses

    One of the most effective ways to reduce your criminal penalties is to work with a qualified domestic violence attorney. Our team at Worthley Legal has the experience, resources, and dedication necessary to represent you well.

    domestic violence lawyer in valparaiso, indiana

    When you receive criminal charges, you must strategically navigate the following days, weeks, and months to minimize your consequences and avoid incriminating yourself. Whether you’re familiar with the criminal justice system or not, you can’t expect to know the best ways to move forward after your charges. Instead, you need a qualified attorney guiding you every step of the way.

    When you hire our team of domestic violence lawyers, we can provide the following services to assist your case:

    • Investigate the charges against you and the officers’ conduct
    • Provide legal advice and guidance
    • Help you navigate the legal process
    • Develop a theory of defense
    • Communicate with your family
    • Gather evidence to support your case
    • Represent you in court

    We’ll provide the qualified assistance necessary to help you navigate your case effectively.

    defenses against domestic violence charges

    Presenting a solid defense against your criminal defense charges is an important step in receiving an acquittal. Here are a few defenses we have raised for clients in the past:

    FALSE ACCUSATION

    One of the most common defenses against domestic violence is false accusation. Someone could have claimed that you committed domestic violence, but they may not have any proof or reasoning behind the claim. They may have made the story up out of anger.

    When you receive a criminal charge, you are innocent until proven guilty. As a result, the prosecution will need to provide evidence that you committed the act of violence stated in your charges. If they cannot find this evidence, they may not have a basis for conviction.

    SELF-DEFENSE

    Domestic violence situations sometimes occur when both parties act violently toward each other. If your spouse or family member attacked you, you might have defended yourself by fighting back, leading to an injury.

    Self-defense is a reasonable excuse for domestic violence. However, you must show evidence that you were protecting yourself from more significant harm. Our team can help you gather evidence to support a self-defense claim.

    ACCIDENTAL INJURIES

    Sometimes, accidents happen in the home that lead to injuries. However, the law defines domestic violence as intentional. If you did not intend to hurt the other party, they may not have a basis for their domestic violence claim.

    However, proving that an injury was not intentional can be challenging. You need a qualified defense attorney on your side to help you determine whether this defense applies to your case.

    At Worthley Law, we have extensive experience in criminal defense, and we can put our knowledge and skillset to work to represent you. Our criminal defense attorney Mark Worthley spent six years as a Deputy Prosecutor in Indiana, so he knows the other side of the table. He can help you develop a strong defense and guide you through your criminal charges.

    Contact us today at 219-575-8565 to schedule your case evaluation.

    FAQ

    accidental injuries

    The sentence for a domestic violence conviction in Indiana can range between a few months in jail and 30 years in prison and also include fines of up to $10,000. Your consequences may be more severe if the domestic violence led to serious injury or if you have a history of other violent charges.

    is domestic violence a felony in indiana?

    Domestic violence can be classified as any of the following charges in Indiana:

    • Level 2 felony
    • Level 3 felony
    • Level 4 felony
    • Level 5 felony
    • Level 6 felony
    • Class A misdemeanor
    what does abuse do to a woman?

    Physical abuse can cause women to develop many health problems, such as high blood pressure, heart problems, chronic pain, and digestive problems. Women who experience domestic violence can also develop mental health issues like depression, anxiety, and eating disorders.

    what is domestic violence in other words?

    Domestic violence is sometimes referred to as domestic battery or domestic assault.