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Indiana Domestic Assault

State laws regarding domestic assault have undergone many changes in recent years. Today, such charges are frequently prosecuted even where the victim refuses to press charges or recants initial clams of abuse. A good assault defense attorney will have handled many types of assault cases arising from a range of situations. The penalties for domestic assault charges can range from anger management counseling to felony charges and incarceration. If you have been arrested for domestic assault or violence, protect your rights by contacting an attorney.

If you have been charged with domestic assault in Indiana, contact Indianapolis Domestic Assault attorneys for a free consultation.

Domestic Assault Arrest

Domestic assault strikes about one out of three households and occurs at similar rates across both race and class lines. Domestic assault includes methods of coercion, control, punishment, intimidation or revenge directed against a person with whom the accused is or has been involved in an intimate relationship. An intimate relationship is one between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. Domestic assault is frequently a pattern of behavior to establish power and control through emotional attack, fear or intimidation. Domestic assault also affects children. They witness or hear the violence, and it frequently takes a toll on their physical and mental health.

A typical domestic assault arrest occurs after a spouse or another person living in the household phones the police to report allegations or threats of violence. It is not uncommon for these disputes to have escalated by the time that police arrive and upon the allegation of assault, the offending spouse is often placed in handcuffs and taken to the police station. At a bail hearing, the bail amount is set, and sometimes the offending spouse is ordered to not communicate directly or indirectly with the accusing spouse. The offending spouse may not be allowed to return to the home until the matter is resolved. In some cases, the spouse who called the police was hoping that the police would act as mediators or scare the other spouse. The spouse may later try to withdraw the assault allegation and request the arrested spouse be allowed to come home. When the desire to withdraw the allegations and reconcile with the arrested spouse exists, it is important to consult an attorney who is experienced in these matters.

In other cases, the accusing spouse does not want to withdraw the allegations. Even when a spouse withdraws assault allegations, the state prosecutor is not prevented from pressing assault charges. It is important to keep in mind that prosecutors and judges are fearful that they may drop charges against someone who then returns to the home and badly injures or kills the spouse or others in the home. Such charges can result not only in jail time, but can also affect your family life, divorce, child custody, child support, alimony, and property settlement issues.

Conclusion

Recently the penalties for a conviction of domestic assault have become more severe. There are many emotional issues involved and no two cases are ever exactly alike. You should keep in mind that the complex laws regarding domestic assault can not be fully covered or explained here - you need to consult with an experienced criminal defense lawyer about the particular facts of your case.

If you have been charged with domestic assault in Indiana, contact a Indianapolis Domestic Assault attorneys for a free consultation.

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