Domestic Violence Defense in Indiana
Domestic violence allegations in Indiana can have immediate and long-term consequences, including no-contact orders, removal from the home, firearm restrictions, and serious effects on employment, custody, and divorce proceedings. I represent individuals accused of offenses such as domestic battery, strangulation, intimidation, stalking, invasion of privacy, criminal confinement, and interference with reporting a crime. I have handled thousands of domestic violence cases and taught how to defend a domestic violence case at the law school.
These cases are often filed quickly based on incomplete information and emotionally charged situations. In many cases, the outcome turns on whether the State can actually prove intent, credibility, and the specific elements of the charge beyond a reasonable doubt.
How Domestic Violence Cases Actually Play Out
In a stalking case I handled in Indianapolis, my client was accused of stalking for driving on a highway that passed near his ex-girlfriend’s house. We demonstrated that the highway was simply the route between his home and his job and that she knew this. The judge agreed that no reasonable person would feel threatened under those facts and found my client not guilty.
In a domestic battery case, we obtained surveillance video from a neighbor that directly contradicted the alleged victim’s timeline. The footage also showed behavior inconsistent with a violent attack. Once that evidence was presented, the case quickly resulted in a not guilty verdict.
In an interference with reporting a crime case, my client admitted to breaking a phone and admitted his intent. However, I argued that the alleged victim was not attempting to report a crime but instead wanted police to remove him from a residence where he legally lived. Because the statute did not apply, the judge found him not guilty.
In an intimidation case, the allegation involved death threats with no witnesses. The accusation arose after the alleged victim discovered messages from another woman, creating a clear motive to exaggerate. The credibility issues resulted in a not guilty verdict.
In a criminal confinement case, my client restrained his girlfriend after she began destroying property during an argument. I argued defense of property under Indiana law, and the court agreed. He was found not guilty.
In a strangulation case, I identified that photographs relied upon by the State appeared altered. I raised the issue in front of the jury, damaging the State’s credibility and resulting in a not guilty verdict.
Common Issues in Domestic Violence Cases
No-Contact Orders
No-contact orders are issued in most cases and often create additional legal problems. Even if the other person invites you over or initiates contact, you can still face an invasion of privacy charge if the order remains in place.
Credibility and Recanting
Many cases depend entirely on one person’s version of events. When that version changes or conflicts with other evidence, the State’s case can weaken significantly.
Self-Defense and Mutual Confrontations
Domestic disputes are not always one-sided. Indiana law allows for self-defense and, in some cases, defense of property. These defenses are often overlooked early in the investigation.
Overcharging
It is common for multiple charges to be filed from a single incident, even when the evidence for some charges is weak. Each charge must be proven individually.
Building a Defense
A strong defense involves more than reviewing a police report. I analyze suppression issues, constitutional violations, physical evidence, and digital evidence such as text messages and call logs.
Some cases can be resolved before trial when the evidence is weak or inconsistent. Identifying those weaknesses early can lead to dismissals or favorable outcomes.
Frequently Asked Questions
Can the alleged victim drop the charges?
No. The prosecutor decides whether the case moves forward.
Can I go home if there is a no-contact order?
Not unless the court modifies the order. Returning can result in new charges.
Can I still own firearms?
Domestic violence cases can affect firearm rights under state and federal law.
What if the accusation is false?
False or exaggerated accusations can become clear when the evidence is carefully examined.
Contact Jeff Cardella for a Free Consultation
If you have additional questions, call me for a free consultation to discuss your case.Phone: 317-695-7700
Email: jeffcardella@cardellalawoffice.com
Address: 350 Massachusetts Ave #357, Indianapolis, IN 46204
Counties We Serve
I handle criminal defense cases throughout the entire State of Indiana, with a focus on the following locations:
- Indianapolis, Marion County, Indiana
- Noblesville, Carmel & Fishers, Hamilton County, Indiana
- Danville, Plainfield & Avon, Hendricks County, Indiana
- Franklin & Greenwood, Johnson County, Indiana
- Hancock County, Indiana
- Madison County, Indiana
- Muncie, Delaware County, Indiana
- Bloomington, Monroe County, Indiana
- Lebanon & Zionsville, Boone County, Indiana
- Shelbyville, Shelby County, Indiana
- Morgan County, Indiana
- Lafayette, Tippecanoe County, Indiana
- Parke County, Indiana
- Rush County, Indiana
- South Bend, St. Joseph County, Indiana