Goshen Domestic Battery Lawyers

If you’ve been accused of domestic battery in Goshen, Indiana, the stakes are high—your freedom, your family relationships, and your future may all be on the line. At Wilson & Kinsman, LLC, we understand that domestic battery charges are often emotionally charged, legally complex, and based on limited or conflicting information. Our Goshen criminal defense lawyers provide straightforward guidance and aggressive representation to protect your rights throughout every stage of your case.

Whether you’re facing your first arrest or have prior convictions, we’ll help you understand your options and work toward the best possible resolution.

What Is Domestic Battery in Indiana?

Under Indiana law (IC § 35-42-2-1.3), domestic battery occurs when a person knowingly or intentionally touches a family or household member in a rude, angry, or insolent manner. It can be charged as a Class A misdemeanor, but the charges may be enhanced to a felony in cases involving:

• Prior convictions for domestic battery.
• Children were present during the incident.
• Bodily injury to a pregnant woman.
• Use of a deadly weapon.

It’s important to understand that even a minor incident can result in serious legal consequences if classified as domestic battery.

Who Can Be Considered a “Family or Household Member”?

You don’t have to be married to someone for a domestic battery charge to apply. Indiana law defines “family or household member” broadly, including:

• Current or former spouses.
• Individuals who live or have lived together.
• Individuals who share a child.
• People in a current or past dating or sexual relationship.

If your case involves any of these relationships, domestic battery charges may apply, even if the alleged victim doesn’t want to press charges.

What Happens After a Domestic Battery Arrest in Goshen?

Domestic battery arrests often lead to immediate no-contact orders, even before a court hearing. This means you may be prohibited from returning home or seeing your children until the case is resolved.

In most cases, you will face:

• A mandatory court appearance.
• Possible pretrial release conditions.
• A protective order that may affect custody or visitation.
• The risk of jail time, fines, and a criminal record.

Because prosecutors often pursue domestic battery charges even if the alleged victim recants, it’s critical to have a defense attorney who knows how to challenge the evidence and tell your side of the story.

What Are the Penalties for Domestic Battery in Indiana?

A first-time domestic battery conviction as a Class A misdemeanor may include:

• Up to 1 year in jail.
• Up to $5,000 in fines.
• Probation, counseling, or community service.
• However, if the offense is elevated to a Level 6 felony, penalties can include:
• 6 months to 2.5 years in prison.
• Higher fines.
• Permanent felony record.

For repeat offenses or cases involving serious injury or weapons, you may face Level 5 or Level 4 felony charges, which come with even harsher sentences. A conviction can also result in the loss of firearm rights and long-term damage to your reputation and employment opportunities.

How Can Wilson & Kinsman, LLC Help Defend My Case?

At Wilson & Kinsman, LLC, we understand that no two domestic battery cases are the same. Allegations are often based on misunderstandings, emotional arguments, or incomplete information. Our defense strategies may include:

• Challenging the credibility of the accuser.
• Questioning the legality of your arrest or the collection of evidence.
• Presenting evidence of self-defense.
• Negotiating for reduced charges or dismissal.
• Protecting your rights at every court appearance.

We take a personalized approach, carefully reviewing police reports, witness statements, and all available evidence to build a strong defense.

What If the Accuser Doesn’t Want to Press Charges?

In Indiana, domestic battery charges are brought by the State, not the alleged victim. This means that even if the accuser asks to drop the charges, the prosecutor may still move forward with the case.

However, a reluctant or uncooperative witness can influence the strength of the prosecution’s case. Our attorneys can explore whether a dismissal or reduction of charges is possible in these situations.

Why Choose a Local Goshen Criminal Defense Attorney?

Hiring a lawyer familiar with Elkhart County courts and the Goshen legal community can make a significant difference in your case. At Wilson & Kinsman, LLC, we are proud to serve Goshen residents with responsive communication, strategic advice, and a strong local presence. We know the prosecutors, judges, and court procedures that shape your case, and we use that knowledge to your advantage.

Speak with a Goshen Domestic Battery Lawyer at Wilson & Kinsman, LLC

If you’ve been arrested for domestic battery in Goshen, you need an experienced defense attorney on your side immediately. At Wilson & Kinsman, LLC, we are committed to protecting your rights and helping you move forward with confidence. We will listen without judgment and fight for the best outcome in your case. Call a Goshen domestic battery lawyer at 574-522-1900 or contact us online for a 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.