Mishawaka Domestic Violence Lawyers

Domestic violence accusations in Indiana can lead to immediate and long-term criminal consequences. From protective orders and arrests to potential jail time and a permanent record, these cases move quickly and carry serious weight. If you have been accused of domestic violence, you need legal representation from a defense team that understands the criminal justice system and knows how to fight for your rights.

At Wilson & Kinsman, LLC, our Mishawaka domestic violence lawyers defend clients facing charges related to alleged abuse, threats, harassment, and other criminal acts involving household or family members. We take every case seriously and build defense strategies aimed at protecting your freedom and future.

What Is Considered Domestic Violence Under Indiana Law?

In Indiana, domestic violence is not a standalone charge but refers to violent or threatening behavior committed against a “family or household member.” This includes current or former spouses, individuals who share a child, or those who have lived together.

Criminal charges in domestic violence cases can include:

• Domestic battery
• Intimidation
• Strangulation
• Invasion of privacy
• Criminal confinement

The severity of the charge depends on the specific conduct, whether a weapon was used, whether the alleged victim was injured, and whether there are prior convictions. A conviction can result in jail time, probation, mandatory counseling, and the loss of firearm rights.

Can a Protective Order Be Issued Without a Hearing?

Yes. Indiana law allows courts to issue emergency or ex parte protective orders without a hearing if the petitioner submits a sworn affidavit stating why protection is needed. These temporary orders can be granted without the accused being notified or present in court.

A full hearing typically follows shortly after, where the accused has the opportunity to contest the order. Violating a protective order is a separate criminal offense that can result in arrest and new charges. Our attorneys help clients respond to these orders and navigate the conditions to avoid further legal consequences.

What Happens After a Domestic Violence Arrest?

If law enforcement has probable cause, they can arrest someone for domestic violence without a warrant. After an arrest, the accused may be held until a bail hearing. Judges often impose no-contact orders or other release conditions.

The prosecution may pursue the case even if the alleged victim no longer wishes to cooperate. This makes it critical to hire an attorney early who can challenge the evidence and represent your side of the story.

Our team at Wilson & Kinsman, LLC reviews arrest reports, interviews witnesses, and evaluates whether law enforcement followed legal procedures during the arrest and investigation.

Can Domestic Violence Charges Be Dismissed?

Only the prosecutor can drop domestic violence charges. Even if the alleged victim asks not to press charges, prosecutors may continue the case based on police reports, witness statements, or other evidence.

However, if the evidence is weak or the victim recants, the prosecution may struggle to proceed. A skilled defense attorney can highlight these weaknesses and advocate for dismissal, reduction of charges, or a favorable plea deal when appropriate.

How Can False Allegations Be Fought?

Unfortunately, false or exaggerated claims of domestic violence can occur, sometimes during breakups or disputes. If you are falsely accused, you may feel overwhelmed and uncertain about how to defend yourself.

Our Mishawaka domestic violence lawyers investigate the full context behind the allegations. We collect evidence such as text messages, call logs, video footage, and witness statements to challenge the credibility of the claims. Courts take these cases seriously—but so do we.

What Are the Penalties for a Domestic Violence Conviction?

The penalties for domestic violence in Indiana vary depending on the charge:

• Misdemeanor Domestic Battery: Up to one year in jail and a $5,000 fine.
• Felony Domestic Battery (if the accused has prior convictions, used a deadly weapon, or the offense involved a child or serious injury): Potential multi-year prison sentences and enhanced fines.

Other consequences can include:

• Loss of firearm rights under federal law.
• Mandatory completion of anger management or batterer intervention programs.
• Damage to personal reputation and employment opportunities.
• Permanent criminal record.
• A conviction can also increase the severity of penalties for future offenses.

Is Expungement Possible After a Domestic Violence Conviction?

In some cases, yes. Indiana law allows certain criminal convictions, including some misdemeanor domestic battery charges, to be expunged after a waiting period, usually five to eight years. However, felony convictions, particularly violent ones, may not be eligible for expungement.

We assist eligible clients in petitioning for expungement and navigating the legal process required to clear their records.

Do I Need a Lawyer If I Am Innocent?

Yes. Being innocent does not guarantee the charges will be dropped automatically. Prosecutors and police rely on witness statements, and in emotionally charged situations, misunderstandings can lead to wrongful arrests.

An experienced criminal defense attorney helps protect your rights at every stage—filing motions to exclude evidence, challenging unlawful searches, questioning witness credibility, and negotiating with prosecutors. At Wilson & Kinsman, LLC, we provide aggressive and strategic representation for those wrongfully accused or unfairly charged.

Why Choose Wilson & Kinsman, LLC for Criminal Domestic Violence Defense?

We know how devastating a domestic violence accusation can be. Your job, freedom, and family life may all hang in the balance. With decades of criminal defense experience, our team understands how to handle these cases from start to finish. We dig deep into the facts, raise every possible defense, and fight for the best possible outcome—whether that’s dismissal, reduction of charges, or acquittal at trial.

Contact Our Mishawaka Domestic Violence Defense Lawyers at Wilson & Kinsman, LLC Today

If you or a loved one has been arrested for domestic violence, don’t wait to seek legal help. The sooner you act, the more options you have. Our Mishawaka domestic violence lawyers at Wilson & Kinsman, LLC are ready to help. Call 574-522-1900, book online now, or submit a form for your free consultation. Located in Elkhart and South Bend, Indiana, we serve clients in Marshall, LaGrange, Kosciusko, LaPorte, Porter, Lake, Noble, Whitley, Elkhart, and St. Joseph.