If you have been charged with domestic battery, contact the Fort Wayne battery & domestic violence lawyers at Leonard, Hammond, Thoma & Terrill, P.C. right away. It is important to speak to a lawyer as soon as possible, as a procedural misstep or misstatement to police at this stage can result in negative long-term consequences. Especially if you have been arrested for violating a no-contact order, you must speak with a lawyer specializing in assault and abuse as quickly as you can.
What Is Domestic Battery?
If someone calls the police in the heat of a family dispute, your private business is no longer private. Government authorities may now step in and take control of issues that were once family matters. If anyone shows any signs of injury – even a minor scratch – the police will take one or both parties to jail. The state will proceed with prosecution, even if the complaining party does not want to press charges.
A no-contact order, also called a restraining order, will be issued in most cases. It requires you to move out of your house and have no contact with family members by phone, email or letter or in person. Violation of the order can result in more criminal charges.
In general, domestic battery is defined as behaving in a rude, insolent or angry manner that results in bodily injury to:
- A spouse or ex-spouse
- A person with whom you are living or have lived with as a spouse
- A person with whom you have a child or children
Domestic battery is a class A misdemeanor. If convicted, you could spend up to a year in prison and pay a fine of up to $5,000. However, if the incident takes place in front of a child age 16 or younger or a pregnant wife or girlfriend, or if it causes serious bodily harm, it becomes a class C felony, which has a minimum two-year sentence. Charges are more serious if the incident resulted in serious bodily harm.
If you are convicted of domestic battery, you will be prohibited from owning or carrying a firearm for the rest of your life.
Talk With Fort Wayne Battery & Domestic Violence Lawyers Now
To discuss your case and learn how we can help, please use our contact form or call toll free (260) 420-6000. From offices in Fort Wayne, we represent clients throughout Indiana, including Allen County and Dekalb County.