Mistakes to Avoid After Domestic Violence Charge in Elkhart

The shock of facing a domestic violence charge often leads people to make hasty decisions that damage their case before they even step into a courtroom. Many individuals, overwhelmed by fear and confusion, say or do things that prosecutors later use against them. Knowing which mistakes to avoid can make a significant difference in how a case unfolds, as even small missteps during this critical time can have lasting consequences on your future, your family, and your freedom.

Should I Talk to the Police Without a Lawyer Present?

Speaking to law enforcement without legal representation is one of the most damaging mistakes people make after a domestic violence arrest. Many individuals believe that explaining their side of the story will clear up the situation, but officers are trained to gather evidence for prosecution. Anything you say can be misinterpreted or taken out of context, which strengthens the case against you. Remaining silent until you have legal counsel protects your rights while allowing a professional to guide your communications with authorities.

Is It Safe to Contact the Alleged Complainant?

Reaching out to the person who filed the complaint, even with good intentions, can result in additional criminal charges. Courts often issue “no-contact orders” immediately following a domestic violence arrest, which means any attempt at communication violates these legal restrictions. Even if the other party initiates contact, responding can be used as evidence of your disregard for court orders. Prosecutors view these violations seriously, as they suggest a pattern of behavior that could harm your defense.

Why Do People Violate Protection Orders?

Violating a protection order happens more often than many realize, usually because individuals fail to read the terms carefully or assume exceptions exist for certain situations. Some people believe that if the other person agrees to meet or talk, the order no longer applies. However, these legal restrictions remain binding regardless of what either party wants, and judges impose them to maintain safety and order. Breaking these orders can lead to additional charges, jail time, and a perception that you pose a threat.

Can I Skip Court Appearances?

Missing scheduled court dates creates immediate problems that compound your legal troubles. When you fail to appear, judges may issue a warrant for your arrest while also viewing you as someone who does not take the legal process seriously. This perception affects how the court handles your case moving forward, as it suggests you might flee or ignore future obligations. Attending every hearing demonstrates respect for the legal system while giving your criminal defense lawyer opportunities to advocate on your behalf.

Should I Post About My Case on Social Media?

Posting about your arrest or the circumstances surrounding it on social media platforms provides prosecutors with evidence they can use against you. People often share their frustrations, claim innocence, or discuss details about the incident without realizing these posts become part of the public record. Investigators regularly monitor social media accounts for information that contradicts your statements or reveals your state of mind. Deleting posts after the fact does not help, as screenshots and archives preserve this content permanently.

How Does Ignoring the Charges Affect My Case?

Hoping the charges will disappear on their own is a mistake that allows the prosecution to build its case without opposition. Domestic violence charges rarely get dropped without legal intervention, and the state often pursues these cases even when the alleged complainant wants them dismissed. Waiting too long to seek legal help limits the options your lawyer has for building a strong defense. Taking immediate action shows the court you are serious about addressing the situation while giving your legal team time to investigate and prepare.

Our Elkhart Criminal Defense Lawyers at Wilson & Kinsman, LLC Will Fight to Protect Your Rights if You Have Been Charged With Domestic Violence

If you need skilled legal representation following a domestic violence charge, contact our Elkhart criminal defense lawyers at Wilson & Kinsman, LLC. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

What Are the Top Mistakes to Avoid After a Domestic Violence Charge in Elkhart?