You are enjoying a quiet moment at home when suddenly the police arrive at your doorstep. One of your family members has filed a false report, accusing you of domestic violence in Indiana. What are you supposed to do in this situation? How can you fight for your rights and avoid consequences for a crime you never committed?

Do Not Try to Explain Yourself

Although it might be tempting to tell police officers your side of the story after they arrive at your residence, it is probably best to simply exercise your right to remain silent. If you never harmed or threatened your family member, you should not face any legal consequences. Prosecutors must prove your guilt beyond a reasonable doubt. If the incident in question never occurred, then there will be no evidence to support it. 

In these kinds of “he said, she said” scenarios, it is extremely challenging for prosecutors to secure a conviction. However, the more you say during the initial arrest, the more evidence they’ll have to use against you. Have faith in the time-honored principle of “innocent until proven guilty” and speak with an experienced criminal defense attorney as soon as possible. 

Domestic Violence Does Not Always Involve Physical Harm

In Indiana, it is possible to face domestic violence charges for threats rather than actual acts of violence. This is often concerning for defendants, as virtually anything can be interpreted as a “threat.” Under Indiana law, you could potentially face charges under IC 35-45-2-1 for intimidating behavior, even if you do not explicitly and verbally tell a family member that you plan to hurt them. 

This could be something as simple as punching a wall in their presence or cleaning your rifle while glancing at them. Even in the absence of physical harm, it may be possible to face charges based on what your spouse perceives to be a threat. These kinds of allegations are also subject to the burden of proof, but they could be easier to prove because of their reliance on feelings rather than hard facts. 

In these situations, it is important to maintain professional and cordial communications with your accuser. Avoid saying anything that might be interpreted as a threat through social media. Consider whether any witnesses can back you up, such as fellow household members who might have seen the allegedly threatening behavior. 

Can a Domestic Violence Lawyer in Indiana Help Me?

If you never harmed your family member, you should not have to worry about domestic violence charges in Indiana. That said, some domestic violence charges are based on your family members’ “feelings” rather than actual physical harm. In addition, you can worsen your situation by saying the wrong things to officers who arrive at your home. In this situation, it makes sense to exercise your right to remain silent and contact Christopher L. Arrington, Attorney at Law.