Legal Blog

How a Domestic Dispute Can Lead To A Domestic Violence Charge

03 June 2015 | Assault & Domestic Violence,  Legal Blog,  

Attorney Sean Hessler

Written by
Sean Hessler

03 June 2015

Assault & Domestic Violence,  Legal Blog,  

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Domestic violence, or intimate partner abuse, is a serious and prevalent issue that impacts every community throughout the country and world, regardless of race, region, or socioeconomic standing. There are millions of instances of domestic violence every year and hundreds of domestic violence charges filed every day.

A domestic violence charge is different than other assault and battery crimes because of the relationship between the victim and the perpetrator. There are many forms of domestic assault, incidents can range from a single slap or push, to a severe beating, to rape or murder. The relationship between the parties allows the assailant more access to the victim and allows them to exert influence and control by exploiting the nature of their relationship. Domestic violence is rarely a one-time occurrence, and there are many special services in place designed to help victims recognize and leave a dangerous relationship.

Law enforcement agencies and the criminal justice system have reacted to the overwhelming prevalence of domestic violence by implementing mandatory arrest policies in many states. Others, like Indiana, leave it up to the officer’s discretion when he or she is called to the scene of a domestic violence incidence. Many police officers err on the side of caution in these circumstances which can sometimes end in arrests for simple arguments between loving, stable couples.

If you’re having a loud, heated dispute with a significant other, neighbors may worry that someone is danger and call the police. When the police arrive, depending on the situation and the accounts of both subjects, one or both parties could be arrested. Since domestic disputes can be volatile and even deadly, police are sometimes quick to neutralize any threat by moving to make an arrest, even if the parties are not dangerous and no assault occurred.

If the police have been called to a nonviolent argument between you and a significant other, stay calm. Tell the officers what’s going on, that the fight is over, and that one of you is planning to leave so you can both cool off for the night. Officers need to be assured that no assault occurred, and that one isn’t going to happen later on if they don’t make an arrest.

In Indiana, domestic violence is considered a serious crime. If you are facing charges or have been accused, you may need to consult with a lawyer in your area. Laws vary from state to federal court, but an experienced Indiana criminal defense attorney will be able to best advise you and inform you of your rights.

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