Indianapolis Domestic Violence Attorney
The National Coalition Against Domestic Violence (NCADV) reports that intimate partner violence accounts for 15 percent of all violent crime. On average in the U.S., nearly 20 people per minute are physically abused by an intimate partner. One in four women and one in seven men have suffered severe physical violence at the hands of an intimate partner during their lifetimes.
Fortunately, victims of domestic violence have options under the law to protect them from further abuse. If you have been a victim of domestic violence, our experienced Indianapolis domestic violence lawyers at Trapp Law, LLC call help you obtain protection under the law. As family law lawyers, we have significant experience handling orders of protection and restraining orders in matters of domestic violence. Our attorneys and staff understand the sensitive nature of domestic violence cases, and we are committed to protecting your safety, health, and best interests.
What Is Domestic Violence?
NCADV defines domestic violence as “the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior as part of a systematic pattern of power and control perpetrated against another.” The severity and frequency of domestic violence may vary widely. It may include threats, emotional abuse, and physical or sexual violence. Prolonged domestic violence can escalate into more serious issues such as stalking, invasion of property and potential homicide.
How Prevalent Is Domestic Violence in Indiana?
According to NCADV statistics, on a single day in a recent year, 1,807 domestic violence victims were served by programs in Indiana, while 182 requests for services were unmet due to lack of resources. In a single recent year, 67 people in Indiana died in domestic violence homicides. More than half of domestic violence homicides in Indiana are committed with a gun.
What Are Orders of Protection against Domestic Violence?
Orders of protection may be obtained under the Indiana Civil Protection Order Act (ICPOA), which was adopted by the legislature to target domestic violence. The act provides for the remedy of an order of protection. Courts may issue orders to protect people from domestic violence, stalking, or sex offenses. Simply stated, an order of protection against domestic violence represents an order of the court for the other person to leave you alone.
When Are Orders of Protection Issued by the Court?
When the court finds, by a majority of the evidence, that another person represents a threat to the safety of the petitioner, it may issue an order of protection. Credible threats to the safety of the petitioner may be established based on previous domestic violence or threats of violence that would cause a reasonable person to feel intimidated or threatened.
How Can Orders of Protection Help Protect against Domestic Violence?
Orders of protection can provide some degree of protection against:
- Domestic or family violence
- Sexual offenses
It is simply a document – an order issued by the court. However, if the order is violated, the act is a criminal offense. Local law enforcement will have the order of protection in their database, and you should not hesitate to call the police if the person against whom the order is issued violates the conditions.
Contact Trapp Law, LLC for Domestic Violence Orders of Protection
If you are a domestic violence survivor, our domestic violence lawyers in Indianapolis can help. We strive to deliver high quality, affordable legal services and offer a free and confidential initial consultation. Contact our office if you are in danger due to acts of violence or threats from your spouse or relationship partner. We can help.
Types of Domestic Violence
There are four major types of domestic violence: physical, emotional, sexual, and financial.
Physical abuse is any type of violent behavior that causes physical harm to another person. This can include hitting, kicking, shoving, choking, burning, or using a weapon on someone.
Emotional abuse is any type of behavior that aims to control or manipulate another person through fear, intimidation, or threats. This can include name-calling, put-downs, controlling access to friends or family, or making someone feel guilty.
All abuse is wrong, and all abuse can be a type of domestic violence. But how domestic abuse is dealt with within the courts can differ. You need to talk to a professional to protect yourself.
What is the Indiana Domestic Violence Law
The Indiana Domestic Violence Law (IDVL) is a law created to help keep victims of domestic violence safe. The IDVL gives victims the ability to file for an order of protection. An order of protection is a court order that says the abuser must stay away from the victim.
Obviously, a domestic abuser may not be eager to follow this law. But this law gives the victim recourse if they see the abuser in their vicinity or if the abuser threatens them again.
When Do You Need a Domestic Violence Attorney?
If you are a victim of domestic violence, it is important to have an experienced attorney on your side. You may need an attorney if you:
- Are seeking an order of protection
- Are charged with a crime related to the domestic violence
- Are in a custody battle and domestic violence is involved
- Need help getting or keeping child or spousal support
- Need help getting or keeping your home
If you’re not sure whether you need an attorney, it’s best to go in for a consultation. Often, you can get a free consultation or a low-cost consultation, so you know your rights. Otherwise, you might make assumptions regarding what you can and can’t do and what rights you have.
Penalties for Domestic Violence in Indiana
The penalties for domestic violence in Indiana can be very serious. If you are convicted of domestic battery, you could face up to one year in jail and a fine of up to $5,000. You may also be required to attend counseling and pay restitution to the victim.
If you are convicted of felony domestic battery, you could face up to 12 years and a misdemeanor is limited to a max of 1 year and a fine of up to $10,000. You will also be required to attend counseling and pay restitution to the victim.
A conviction for domestic violence can have a lasting impact on your life. It is important to have an experienced attorney on your side who can help you navigate the legal system and protect your rights. But all these things can differ depending on the situation.