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.

Give us a call!

574-522-1900

Testimonials

Read what our former clients have to say:

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.

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.

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

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.

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

Fought my case relentlessly

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

C.A.