Being accused of any crime can result in far reaching consequences that are completely unrelated to the alleged criminal act – job loss, rupture of the family unit, and social avoidance. The potential occurrence of these damaging repercussions is especially prevalent with accusations of crime that are violent in nature and most especially with accusations of domestic battery. If someone is accused of domestic battery, the accuser has the right to petition a court for a restraining order to prevent the accused from staying in the family home or contacting the accuser. Indiana lawmakers are considering a new law that would permit a judge to order a person accused of domestic battery to wear a GPS device so law enforcement can track the person’s location. The devices would only be ordered in situations where the accused is considered to pose an immediate danger to a spouse or family members. In addition, the accuser would be notified if the accused enters a prescribed area approaching the accuser’s location. However, in potential violation of a person’s civil liberties, the proposed law would allow a judge to order a GPS device at a restraining order hearing even if criminal charges are not currently pending. In order to better understand when a person could be charged with domestic battery and/or have a restraining order issued against them for certain acts, what each of these things mean legally will be outlined below.

What is Domestic Violence?

Under Indiana criminal law, domestic battery occurs when a person intentionally touches the following type of person in a rude or angry manner that results in bodily injury:

• A spouse;
• A person acting as a spouse,
• Someone who shares a child with the person accused of the touching.

A person will be considered a spouse, even if there is no marriage, if the couple was in a sustained relationship, had frequent contact, mingled finances, raised children together, and maintained a common household. A domestic battery offense is a misdemeanor unless the accused has a previous conviction for a battery-related offense or committed the offense in front of a child under the age of 16, knowing the child was there, and where the child could hear or see the offense. In these two circumstances, the offense is treated as a felony charge.

What is Needed to Get a Restraining Order

In Indiana, a restraining order related to domestic battery is referred to as a protective order, and this order can be requested by a person who claims to be a victim of domestic battery or a parent on behalf of a child victim of alleged domestic battery. At the court hearing to determine if a protective order is warranted, the person petitioning the court must show an act of domestic battery occurred and the accused poses an ongoing threat to the safety of the petitioner and the petitioner’s household. Once a protective order is issued, it is enforceable for two years, unless the court fixes an alternative date. Typically, a protective order will prohibit the person named in it from doing the following:

• Committing or threatening to commit acts of domestic battery;
• Direct or indirect communication with the petitioner;
• Visiting or staying at the petitioner’s home; or
• Visiting petitioner’s job or other commonly frequented places; or
• Having unsupervised visitation with minor children or having parenting time denied completely.

Talk to a Criminal Attorney

Being accused of a crime as stigmatizing as domestic battery can be devastating and trigger a host of legal interventions that leave you with very little freedom. It is important to retain an attorney as soon as possible in this situation to mitigate how much your movements and property are restricted. Christopher L. Arrington, P.C. represents clients in criminal defense cases in central Indiana and will work hard to prove your innocence. Contact him today to schedule your free consultation.