Domestic Violence: The 1 Mistake You Can't Make Before Court!
Introduction: The Biggest Mistake You Can Make in a Domestic Violence Case
If you have been arrested for domestic violence, you may feel scared, confused, and unsure of what to do next. The decisions you make before your court date can have life-altering consequences—and one mistake could severely impact your case.
📌 One of the biggest mistakes people make when facing domestic violence charges is making statements to the police, the alleged victim, or anyone else without legal representation.
Understanding your rights and seeking legal advice before taking action is crucial to ensuring the best possible outcome in your case.
📞 If you’ve been charged with domestic violence, call Vining Legal LLC at (317) 759-3225 or schedule a consultation today.
Why Domestic Violence Charges Are So Serious in Indiana
A. Indiana’s Domestic Battery Laws
Under Indiana Code § 35-42-2-1.3, domestic battery is defined as:
✔ Knowingly or intentionally touching a household member in a rude, insolent, or angry manner.
✔ Causing bodily injury to a spouse, partner, co-parent, or cohabitant.
💡 Key Point: You can be charged even if no physical injury occurred—unwanted touching alone can qualify as domestic battery.
B. Consequences of a Domestic Violence Conviction
✔ Criminal Record – A conviction stays on your record permanently.
✔ Jail or Prison Time – Misdemeanor or felony charges carry jail time or prison sentences.
✔ Protective Orders – You may lose contact with your children or be forced to move out of your home.
✔ Firearm Restrictions – A domestic battery conviction means you lose your gun rights permanently.
✔ Career & Reputation Damage – A conviction can impact employment, especially in healthcare, education, and law enforcement.
📌 TIP: Even if the alleged victim wants to drop the charges, the prosecutor can still pursue the case.
The 1 Mistake You Can’t Make Before Court
The biggest mistake people make after being arrested for domestic violence is talking to police without an attorney or the talking to the alleged victim.
A. Speaking to Police Without an Attorney
✔ Anything you say can be used against you in court.
✔ Police may twist your words or make it seem like you admitted guilt.
✔ Even if you think you’re explaining your side, you could be building the case against yourself.
💡 Key Point: Politely refuse to answer questions and say, ‘I want to speak with my attorney.’
B. Contacting the Alleged Victim
✔ Many people try to apologize or explain, but this can violate no-contact orders.
✔ Even if the alleged victim forgives you, the prosecutor can still move forward with the case.
✔ Any messages, texts, or calls can be used as evidence against you.
📌 TIP: Do NOT contact the alleged victim in any way—even through social media or mutual friends.
How to Protect Yourself Before Court
A. Understand Your Rights
✔ You have the right to remain silent – Use it!
✔ You have the right to legal nrepresentation – Speak to an attorney before talking to anyone.
📌 TIP: If you don’t understand your rights, you could unknowingly hurt your defense.
B. Follow All Court Orders
✔ If there is a no-contact order, obey it—even if the alleged victim wants to talk to you.
✔ Violating court orders can lead to new criminal charges and weaken your defense.
📌 TIP: Even an accidental violation can result in serious penalties.
C. Gather Evidence for Your Defense
✔ Document everything – Write down what happened, including witnesses and key details.
✔ Save all communication – If you have texts, emails, or social media posts that support your case, keep them.
✔ Identify witnesses – If anyone saw what happened, their statement could help your defense.
📌 TIP: The sooner you start collecting evidence, the stronger your defense will be.
D. Hire an Experienced Criminal Defense Attorney
✔ An attorney can challenge weak evidence and fight to get your charges reduced or dismissed.
✔ If the case goes to trial, your attorney will build the best possible defense strategy.
✔ A lawyer can negotiate with prosecutors for lesser charges or pre-trial diversion programs.
📞 Charged with domestic violence? Contact Vining Legal LLC at (317) 759-3225 for a free case evaluation.
Conclusion: Don’t Make This Critical Mistake!
✔ NEVER talk to police or the alleged victim without an attorney.
✔ Understand your rights and follow all court orders.
✔ Gather evidence and work with a skilled defense attorney.
📞 Need immediate legal help? Call Vining Legal LLC at (317) 759-3225 or schedule a consultation today!
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