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.

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Testimonials

Read what our former clients have to say:

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

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.

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.

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

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.

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.