In Indiana, strict laws are enforced to prevent the abuse or physical harm from occurring in the home. Domestic violence laws protect victims of these unwanted assaults and outline how the law can protect victims. However, in some instances, the victim isn’t defined clearly and the wrong individual is arrested. Lawyers in Fort Wayne IN fight against a conviction for these individuals.
The Initial Arrest
When law enforcement is contacted, they perform an assessment to determine who the victim is. Under state laws, the victims of domestic violence could be a spouse, romantic partner, or a family member. The law also covers former romantic partners and individuals who once lived inside the same household. The assessment performed by law enforcement is used to determine the victim when they arrive on the scene. In most instances, the victim is the individual with the most severe injuries.
Understanding the Protection Order
A protection order is offered through the court. It is based on the testimony of the victim and the information acquired by law enforcement. It is used to prevent contact between the attacker and the victim. In most cases, the order prohibits the attacker from visiting any location in which the victim could visit, live, or work.
The order may also include prohibited activities such as contact via telephone or electronic messaging. It could also include restrictions for the use of alcohol or controlled substances. The circumstances that lead to domestic violence is covered under the order to protect the victim from further attacks.
What Happens if the Defendant Violates the Protection Order?
If the defendant violates the protection order they are arrested immediately. Each violation is considered a separate charge. The individual will face criminal penalties for any violation in which they are convicted.
In Indiana, domestic violence is considered a heinous crime. Local laws are in place to prevent attackers from continuing to harm the victim. The victim has the right to acquire a protection order through the court to prevent contact from their attacker. Individuals who are facing these charges should contact Lawyers in Fort Wayne IN through the A Arrested Hotline immediately following their arrest.