A domestic violence accusation can leave you worried about your freedom, your family, and what a criminal charge could mean for your future.
You may be unsure how an argument reached this point or how to protect yourself from the consequences ahead.
Blankenship Law, LLC can help you understand your options and determine how to respond. Our attorneys bring firsthand prosecutorial experience to domestic violence defense, including founder Eric Blankenship, who has tried well over 100 court and jury trials. We can review the allegations, explain what the state must prove, and help you make informed decisions about your case.
Contact Blankenship Law, LLC to discuss your situation with a Fishers domestic violence defense lawyer.
Domestic violence cases often rest on conflicting accounts and on evidence collected during a fast-moving police response.
We look at that evidence the way a prosecutor would: which statements are consistent, what the investigation left out, and whether the state can prove each element of the charge.
All three attorneys at Blankenship Law, LLC previously worked as prosecutors.
Eric Blankenship served as a deputy prosecutor in Hamilton County, Major Felony Supervisor in Marion County, and Chief Deputy Prosecuting Attorney in Blackford County.
Kevin Kelly spent years as a Marion County deputy prosecutor in the Major Felony and Homicide Divisions before supervising the Major Felony Division.
Alec Baker began his career as a prosecutor in three Indiana counties.
We draw on that experience to assess charging decisions, evaluate the evidence, and prepare for trial.
Call us today 317-669-9010
Domestic violence is a category of Indiana charges tied together by the relationship between the people involved.
We represent clients facing charges involving:
Some of these allegations require no proof of physical injury. Others depend on witness statements, disputed events, or the meaning of messages. We review police reports, witness accounts, and available evidence to find inconsistencies and evaluate defenses.
Indiana’s domestic violence laws apply to defined relationships, not to every disagreement between two people.
Under Indiana Code § 35-31.5-2-128, the definition includes current or former spouses, people who are dating or have dated, people who are or were in a sexual relationship, and people who share a child. It also covers relatives by blood, adoption, or marriage, and people with a legal guardian, ward, custodian, or foster relationship.
A minor child of either person in one of these relationships is included as well. Roommates with no other qualifying relationship generally fall outside the definition.
We can compare the relationship in your case to that definition and to the charge the state filed. A relationship that does not fit can change the charge itself.
Under Indiana Code § 35-42-2-1.3, domestic battery is knowingly or intentionally touching a family or household member in a rude, insolent, or angry manner. The law also covers placing bodily fluid or waste on a family or household member in that manner. Physical injury is not required for the basic offense.
The penalty depends on the circumstances and any aggravating factors.
The exact classification depends on the statute’s requirements and the facts of the case. Because the options for reducing a felony are limited, we focus on the charge level and the strength of the evidence from the start.
The Hamilton County Prosecutor’s Office handles domestic violence charges involving Fishers residents, and the cases are heard in the Hamilton County court system in Noblesville.
Fishers City Court hears city ordinance and infraction matters but not criminal cases, so Fishers has no separate local court for these charges.
Kevin Kelly is a lifelong Fishers resident, which gives the firm a direct connection to the community where these cases arise. We evaluate the evidence, the local court process, and the prosecution’s approach, and we explain each decision as the case moves forward.
Yes. Bond conditions, no-contact restrictions, and early hearings can take effect before you have had a chance to review the allegations. A lawyer can review the police report, explain those terms, and advise you on any plea offer before you respond.
Not automatically. The prosecutor decides whether to continue or dismiss criminal charges. A request from the alleged victim may be considered, but it does not require the prosecutor to end the case.
Possible defenses include self-defense, defense of another person, mistaken identification, false allegations, and weaknesses or inconsistencies in the evidence. The appropriate approach depends on the facts and supporting evidence.
Yes. Certain domestic violence convictions, including some misdemeanors involving a qualifying domestic relationship, can trigger federal firearm restrictions. A protective order can also require surrender of firearms while it is in effect. The specific consequences depend on the offense and the law that applies.
A respondent can request a hearing on an emergency order, and Indiana law generally calls for that hearing to be set within 30 days. A judge can issue a final order after notice and a hearing even if the respondent does not appear, so treat the hearing date as a firm deadline.
A Level 6 domestic battery felony cannot be entered as a misdemeanor at sentencing. A later conversion by petition is possible only if strict conditions are met, including a three-year wait after the sentence is complete and no bodily injury in the underlying offense. Higher-level felonies are not eligible for this process.
Yes. A conviction may affect parenting arrangements, employment opportunities, housing applications, and background checks. The consequences depend on the offense and the circumstances.
The charge level, any protective order, and the relationship between the people involved each shape what the state must prove and which options remain.
A Fishers domestic violence defense lawyer at Blankenship Law, LLC can review the state’s case, explain how those factors apply, and outline the next stage of the proceedings.
Schedule a free consultation to go over the charge, the evidence, and the decisions ahead.
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