One of the scariest and most vulnerable situations a person can find themselves in is being accused of committing domestic violence. This violence, called domestic battery under Indiana law, is an accusation that is often hard to shake and has long-lasting consequences. There is no stereotype for what an abuser or victim looks like, so one cannot know by just looking at a person if violence is an ongoing factor in his or her life. The face of a domestic violence victim is usually presented as a young woman, often with young children, but men, though much less likely to report an attack, are also victims of this crime and deserve equal protection and attention.

A recent article in the Fort Wayne Journal Gazette discusses the issue of underreporting domestic abuse by men, which often stems from the social stigma attached to men admitting this violence happens to them. However, the article points out, the number of men coming forward to report incidents is slowly increasing as more attention is paid to this mostly silent group of victims. One issue untouched in the article is the effect on the men accused of these acts related to employment and the pulling away of friends and family. While Indiana seeks to curb the prevalence of this violence by making it a crime, and allowing victims to obtain protective orders, beating these charges can feel like an overwhelming task and requires the services of an experienced attorney. An overview of what domestic battery is according to the law in Indiana and the purpose of protective orders will follow below to help those accused know what they are facing.

What is Domestic Battery?

Indiana defines domestic battery as a knowing or intentional touch by a person towards a spouse, a person living as a spouse, or someone with whom he or she shares a child that results in bodily injury. This offense is treated as a misdemeanor initially, but it can be elevated to a felony offense if the accused has prior criminal convictions for a battery-related offense or allegedly commits the act of violence in the presence of a child under 16 years old with the knowledge the child was present and could possibly see or hear the altercation. To determine whether a person qualifies as living as the spouse of another, a court will look at the length of the relationship, how often they see each other, how much their finances are intertwined, if they are raising children together, and whether they have taken steps to establish a common household.

How to Get a Protective Order

Protective orders are issued by courts to block accused abusers from contacting the petitioner in an effort to curb additional attacks. Any person who claims to be a victim of domestic violence, stalking, or sexual offenses can file a petition for a protective order. In addition, a parent or guardian can ask for protection on behalf of a child on the same grounds. The petitioner must show the person named in the petition poses an ongoing threat, and if the protection order is issued, it is enforceable for two years. The order generally prohibits the abuser from staying at the petitioner’s home, even if invited to stay by the petitioner, and violations can lead to fines, GPS tracking devices, and/or incarceration. In addition to blocking the person named in order from staying at the petitioner’s residence, a court can also order:

• Prohibition on any type of communication with the petitioner, both direct and indirect;
• Requirement to stay away from locations frequented by the petitioner, such as work and school;
• Limitation or denial of parenting time;
• Payment of attorney’s fees; and
• Reimbursement of expenses related to domestic violence, i.e., medical costs, counseling, shelter, and damaged property.

Get Legal Help

Accusations of domestic battery should not be taken lightly and require the services of an experienced attorney to effectively challenge them. Christopher L. Arrington represents clients in the Indianapolis area in criminal defense cases where he is ready to help you get the best outcome, based on the evidence in your case. Contact him to schedule an appointment.