Few things are more complicated than spouses dealing with allegations of domestic violence (referred to as domestic battery under criminal statute). There are two sides to these situations that are not necessarily easy to untangle. One of the first steps a spouse alleging abuse will take is to obtain a protective order. Protective orders are civil court orders that prohibit a person with alleged displays of abusive behavior from having any contact with the person requesting protection, typically the spouse/partner, but it could also be filed by a parent on behalf of a child. These orders remain in effect for up to two years, or as indicated by a judge. Only behavior related to domestic violence, a sexual offense, or stalking by a family member can be restrained by a protective order. Family members include past or current spouses/intimate partners, a relation by blood or marriage, or a person with a child in common.

One important distinction to make about protective orders is they are civil remedies to stop future violence, but are not intended to criminally punish a person for past behavior. However, violations of protective orders, especially if they are repeated, can lead to criminal consequences. A recent decision by an Indiana court of appeals serves as an example of the possible repercussions of violating a protective order – a point that is important to both parties in these matters. A man’s conviction on two counts of invasion of privacy was upheld based on the contents of a message left for his ex-partner one day after receiving notification about a protective order. A discussion of domestic violence, both as a criminal act and as a response to the violation of a protective order, will follow below.

Criminal vs. Civil Proceedings

Two parallel and separate, but related, legal proceedings can arise out of the same incidents of domestic violence: criminal charges brought by a state prosecutor and a protective order obtained by an abused spouse or partner. Thus, there may be multiple court cases related to the same incidents that could result in criminal punishment for an accused abuser. The victim is almost always involved in both, which can be overwhelming, and calls for the support and guidance of an experienced attorney to get through this experience unscathed. The standard of proof required for a court to take action in a civil vs. criminal case is the principal point at which these two legal proceedings differ. Criminal cases require a much higher level of proof that a person is guilty of the criminal charges under consideration because of the potential loss of liberty. Consequently, while a victim may be successful at obtaining a protective order, a criminal case may not result in a conviction for the same behavior.

Domestic Battery

Domestic battery is the standard criminal charge filed against a person accused of domestic violence, and makes it a crime to intentionally touch a spouse, partner, or co-parent in a rude or angry manner that results in bodily harm. Domestic battery, unless there are prior convictions or other aggravating factors, is a misdemeanor punishable by up to one year in jail. Additional charges for violent behavior, often filed in conjunction with domestic battery and bringing the potential for more jail/prison time, include:

• Stalking;
• Criminal confinement;
• Kidnapping; and
• Rape.

Violations of Protective Orders

Violating a protective order is a crime in and of itself, known as invasion of privacy, and a prosecutor can charge the person with this offense if the state believes there is sufficient evidence supporting it. Alternatively, the alleged victim can file his or her own legal action in the civil protective order case, and ask a judge to hold the abuser in contempt of court (violation of a court order). The abuser could face jail time under either option, and the circumstances of each case will determine which course is taken.

Get Help

Being accused of domestic abuse is an overwhelming and serious situation, and it needs attention by an experienced criminal defense attorney to protect your rights and mitigate the potential consequences. Attorney Christopher L. Arrington will take the time to guide you through the legal process and will do everything possible to obtain the best possible result. Serving clients in Danville, Brownsburg, Avon or the surrounding area, attorney Arrington can help. Contact him to set up your initial consultation.