Domestic Violence FAQs

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Frequently Asked Questions about Domestic Violence

Q: What is domestic violence?

A: Domestic violence includes many forms of coercive behavior, including physical, sexual, economic, emotional or psychological abuse of one family member (or romantic partner) by another. In most states, domestic violence includes behaviors that constitute assault, battery, sexual assault, sexual battery, stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

If you have questions about A Domestic Violence Arrest , contact a lawyer familiar with Indiana Domestic Violence Laws.

Q: Can I be arrested for domestic abuse if the injury is minor?

A: Yes. Minor physical injuries, and even the threat of violence, may result in an arrest in a domestic violence case. However, the severity of the injury may influence the specific charge brought.

Q: If my wife believes she made a mistake when she called the police, can she have the domestic violence charges against me dropped?

A: No. The prosecutor, not the victim, makes the charging decision. It is common for a domestic violence victim to attempt to recant the statement he or she made to police. However, because the victim may be pressured to change his or her story and because domestic violence frequently recurs, the prosecutor will usually file the charges and let the courts decide issues of domestic violence even if the victim changes his or her story.

Q: What is the penalty for a domestic violence crime?

A: The penalty for a domestic violence crime depends on many factors, including the laws of the jurisdiction, the severity of the act, whether previous offenses have occurred, and whether the victim was injured. First-time offenders are usually placed on probation, required to serve a few days of custody or public work service, and complete a counseling program. However, in many jurisdictions that are aggressively prosecuting domestic violence crimes, a prosecutor may seek jail time even for first offenses without a serious injury. Others penalties can include probation, significant fines, domestic violence counseling, restitution, and anger management classes, and, in the case of the most serious offenses such as rape or murder, incarceration for life or even a death sentence.

Q: What type of counseling could I be required to attend?

A: Counseling for batterers typically focuses on anger management, especially understanding the reasons for violent behavior and learning how to resolve problems without using violence. The court usually monitors attendance, and can reinstate a suspended jail sentence if the offender fails to attend counseling sessions. Batterers usually must pay for court-ordered counseling sessions. If alcohol or drugs are involved, a court may also require the defendant to attend alcohol or drug treatment meetings.

Q: What do I do if charges are filed against me?

A: If you are arrested for domestic violence, do not talk to anyone, and contact an attorney immediately. You have the right to have an attorney represent you in a criminal action, and an attorney, if contacted soon enough, can help you try to reduce any bond, investigate the charges, and possibly get the charges reduced or dropped. By hiring an attorney experienced in domestic violence you can present the best defense possible under the circumstances of your case.

Q: How does domestic violence affect my children?

A: If you are convicted on a domestic abuse charge, you may lose custody of your children and have severely restricted visitation rights, if any. If the children have actually observed the abuse, they may be emotionally and psychologically injured even if they are not physically hurt. They may also learn to connect love with violence and often grow up to be involved in abusive relationships. There is a greater chance of children from an abusive home becoming juvenile offenders and abusing alcohol and drugs. If your partner brings allegations of domestic abuse against you, it may be difficult for you to maintain a normal relationship with your children and you may want to consider counseling for the children.

If you have questions about A Domestic Violence Arrest , contact a lawyer familiar with Indiana Domestic Violence Laws.

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