Fort Wayne Attorney Defends Against Domestic Violence Allegations
Protect your freedom and reputation with the experienced legal defense of Fred Wehrwein, P.C. Domestic violence allegations can have serious and lasting consequences in Indiana, even if a conviction doesn’t occur. If you are accused of stalking, making threats, or committing battery, you could face jail time, fines, and the issuance of a restraining order. Beyond the legal penalties, the damage to your reputation and livelihood can be significant. Fred Wehrwein, P.C. provides the legal support you need to protect your rights and navigate these serious charges.
What Is Considered Domestic Violence Under Indiana Law?
Indiana law addresses domestic violence primarily through charges of domestic battery and other related violent crimes. There isn’t a lengthy list of specific domestic violence crimes, but certain offenses carry enhanced penalties when they occur in domestic situations, such as:
- Domestic Battery: This offense is a Class A misdemeanor, punishable by up to one year in jail and a $5,000 fine. If a child under 16 is present, or if there is a prior conviction, it can be elevated to a Class D felony, which carries a penalty of up to three years in prison and a $10,000 fine. Offenders may also be required to complete an intervention program.
- Intimidation: Communicating a threat can be charged as a Class A misdemeanor, but if the threat involves committing a forcible felony, it becomes a Level 6 felony. Penalties can range from six months in jail to 2.5 years in prison with fines up to $10,000. If a deadly weapon is involved, the offense becomes a Level 5 felony, with one to six years in prison and up to $10,000 in fines.
- Harassment: Leaving an obscene message or engaging in persistent unwanted communication can result in a Class B misdemeanor charge, carrying a sentence of up to 180 days in jail and a fine of up to $1,000.
- Criminal Trespass: Knowingly entering a property without permission or refusing to leave after being asked can result in a Class A misdemeanor, punishable by up to one year in jail and a $1,000 fine.
- Sexual Assault: Forcing someone to engage in sexual activity through force or threats constitutes a Level 3 felony, punishable by three to 16 years in prison and fines up to $10,000. If committed with a deadly weapon, it becomes a Level 1 felony, carrying 20 to 40 years in prison and up to $10,000 in fines.
These serious charges require an experienced defense attorney who can challenge the prosecution’s case and explore legal strategies related to consent, intent, or other factors that may affect the outcome.
Defense Against Domestic Violence Protective Orders in Indiana
Under Indiana law (Indiana Code § 31-9-2-42), domestic violence is defined as actions by a family or household member that include:
- Causing or threatening physical harm to another family or household member
- Placing a family member in fear of physical harm
- Forcing a family member into sexual activity through threats or coercion
- Intentionally harming or killing an animal to intimidate or threaten a family member
If someone claims to be a victim of domestic violence, they can file a petition for a protective order. Courts may issue a temporary protective order without hearing both sides. However, the law requires a hearing within 30 days to allow the accused to present their defense. After the hearing, the court may issue a permanent protective order that can last up to two years.
If a protective order is issued against you, the court may impose serious restrictions, including:
- Prohibiting contact with the alleged victim and/or their children
- Requiring you to leave your home
- Ordering temporary child support payments
- Mandating the surrender of firearms
Violating a protective order can lead to additional criminal charges, such as felony stalking. These charges carry penalties as severe as eight years in prison and fines of up to $10,000.
Why You Need a Skilled Attorney to Fight Domestic Violence Charges
Facing domestic violence charges or a restraining order can have life-altering consequences. An experienced attorney at Fred Wehrwein, P.C. will provide aggressive representation to challenge the claims against you and protect your rights. We will help you:
- Navigate the complexities of Indiana’s domestic violence laws
- Present evidence that may support your case or dispute the allegations
- Advocate for fair outcomes in both criminal defense and protective order hearings
Domestic violence allegations are serious, and having a skilled attorney on your side is crucial in safeguarding your freedom and reputation.
Contact Fred Wehrwein, P.C. for Legal Defense Against Domestic Violence Allegations
If you are facing domestic violence charges or have had a protective order issued against you, Fred Wehrwein, P.C. is ready to help. With years of experience handling domestic violence and criminal defense cases, we are dedicated to providing strong legal representation for individuals in Fort Wayne and the surrounding areas. Contact us today to discuss your case and protect your rights.