Domestic violence/battery cases can rock the world of a family. A husband or wife will be facing jail; the prosecutor’s office will issue an unwanted protective order between husband and wife (or boyfriend and girlfriend) further tearing apart an often strained relationship and children sometimes are the collateral damage left from a system that sometimes goes overboard when two adults get into heated arguments. Often, innocent men and women are arrested for crimes they didn’t commit, based upon accusations leveled by jealous or intoxicated spouses. Often the accused was merely defending himself/herself against the spouse.
Most prosecutor’s office throughout Indiana have dedicated prosecutors who handle all of the domestic violence cases. Additionally, most (if not all) Indiana counties have at least one “victim’s advocate” on staff to cater to the needs of the accuser. Even when the accuser wants charges to be dropped, or not filed to begin with, prosecutors usually continue with the criminal prosecution. The Criminal Defense Team lawyers recognize that domestic violence cases are often fraught with landmines all over the place. Unwanted protective orders that cannot be extinguished lead to new charges after a husband is arrested for violating a protective order when the spouses simply had to live together in violation of a protective order out of financial necessity, for example. Additionally, those accusers that want to retract their original story and let the prosecutor know that they (the accuser) exaggerated or flat out lied to the police have to worry about the crime of “false informing” in Indiana. There are a myriad of these types of issues in domestic violence cases with which lawyers must deal with and problem-solve.
Fortunately for our clients, the Criminal Defense Team Lawyers have navigated the treacherous waters of domestic violence allegations for over 100 combined years and in doing so we have changed lives. We understand what is necessary to win a case when our clients are accused of domestic violence. We also know how to work toward quickly eliminating a Protective Order and dealing with other problems that domestic violence allegations present.
At the Criminal Defense Team, getting charges dismissed is not an unusual occurrence. These dismissals occur on a whole range of cases, from drug and DUI cases, to sexual crimes, including rape and child molesting, to theft and robbery and burglary and everything in between. However, probably the highest percentage type of crime that we compel prosecutors to dismiss would be domestic battery. Over the years, the lawyers in the Criminal Defense Team have formulated a game plan based upon human nature, experience and know-how when defending a client accused of domestic battery or some other type of domestic violence. There are a number of strategic maneuvers we may employ to accomplish the goal of winning the case. It really all starts, however, with understanding the facts of the case and analyzing the state’s evidence. Either lawyers or support staff will go about the business of gathering evidence, interviewing witnesses, visiting the scene (if that is important), taking photographs and other necessary tasks that assist us in understanding the complexity of the case. Once our Team has accomplished those tasks, then the next step is to inform the prosecutor of what we think the proper outcome should be. In many instances, our Team will convey to the prosecutor that the only acceptable outcome will be a dismissal or trial. In those situations, since the Criminal Defense Team has a reputation for taking any case to trial, the prosecutor will have to make a decision about whether to take the time, energy and money that a trial requires and go to trial. Most lawyers you will talk to cannot claim with a straight face that they will really and truly take a case to trial. Prosecutors will look at the lawyer’s trial history and will know that the defense lawyer is merely bluffing. That could not be said of our firm. If we say we will go to trial, that can be taken to the bank, and prosecutors know it. If a dismissal seems like too much of a reach, based upon the facts and evidence, then we will seek the most favorable outcome. Perhaps a diversion agreement or a felony being reduced to a misdemeanor or no jail time. The point is that although prosecutors typically dictate the flow of plea negotiations with most criminal defense attorneys, at the Criminal Defense Team, our style is that we want to dictate those terms. Whether it is a dismissal or some other outcome. We are capable of dictating the terms of the outcome because of our reputation for a willingness to go to trial. It makes all the difference in the world.
When a spouse is arrested on domestic violence/battery charges, sadly the prosecutor’s office will often intervene in the lives of two adults by issuing a protective order between the parties that neither spouse requested nor wants. Indiana provides protections for a spouse that is legitimately fearful of their partner, and if a spouse wants a protective order then that spouse can certainly seek one. However, what do husbands and wives do when the prosecutor inexplicably involves themselves in the lives of two grown adults by issuing a protection order against their wills? The Criminal Defense Team has been fighting these unwanted protective orders ever since prosecutors starting requesting them over a decade ago. We understand the law on protective orders where many lawyers, prosecutors and even judges don’t. If our client is the subject of an unwanted protective order, we will work to get the client’s case if front of a judge very quickly in order to vacate the warrant. This is an important step in letting the prosecutor know that it cannot simply impose its will on good people who are presumed innocent. The Lawyers in our Franklin office will travel throughout central, south central and southern Indiana to fight these unwanted protective orders.
Because of the emotional nature of these charges, even small disputes can get blown out of proportion. A no-contact order or an order of protection may be lodged against you and you could be barred from entering your home or seeing your children.
These charges can cause chaos for your family and your future. This is why we work to negotiate with prosecutors to get orders lifted or request a court date as soon as possible to settle an agreement between all parties.
Each is case we see is unique and requires a specialized approach. The Criminal Defense Team lawyers believe an aggressive approach is most often the best approach. However, sometimes this may not be true. The first goal of any case is to get it dismissed or to win at trial. However sometimes this may not be feasible. Then our lawyers will brainstorm with each other and determine what is the next best outcome. Our firm of criminal defense attorneys will fight for that best outcome. Set up a visit at our historic Franklin Office and let us fight for you.