Jill M. Bracken-Emerson, Indiana Car Accident Attorney https://www.indypersonalinjurylaw.com Helping People. Helping Families. Mon, 15 Jan 2018 21:01:02 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.1 https://secureservercdn.net/x1z.aeb.godaddywp.com/wp-content/uploads/2017/01/cropped-Emerson-Law-Logo-32x32.jpg Jill M. Bracken-Emerson, Indiana Car Accident Attorney https://www.indypersonalinjurylaw.com 32 32 Indianapolis Domestic Violence Lawyer: Domestic Violence in Indiana https://www.indypersonalinjurylaw.com/2017/05/16/domestic-violence-in-indiana/ Wed, 17 May 2017 02:54:54 +0000 https://www.indypersonalinjurylaw.com/?p=732 Domestic violence is difficult because it can be tough to tell who is telling the truth, who was the aggressor, and the parties readiness to help the State prove their case. These difficulties make domestic violence cases among the most likely to go to trial. Furthermore, there are many cases of false reporting by an…

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Domestic violence is difficult because it can be tough to tell who is telling the truth, who was the aggressor, and the parties readiness to help the State prove their case. These difficulties make domestic violence cases among the most likely to go to trial. Furthermore, there are many cases of false reporting by an alleged victim to manipulate the system in an attempt to hurt the alleged perpetrator.

Indianapolis Domestic Abuse Attorneys 317-969-8000

DOMESTIC BATTERY: (effective until 7-1-2014)

Under Indiana Code, IC 35-42-2-1.3, a person commits:

  1. A Class-A Misdemeanor: when they knowingly or intentionally touch an individual, in a rude, insolent or angry manner resulting in bodily injury, who:
    1. Is or was a spouse of that person;
    2. Is or was living as if a spouse of that person
      1. A court shall consider the following things when determining if someone is “living as if a spouse” with another person:
        1. The length of the relationship;
        2. How often they have contact with one another;
        3. The financial interdependence of the two parties;
        4. If they raise children together;
        5. If they engage “in tasks directed toward maintaining a common household”; and
    3. Any other factor the court finds relevant
    4. Has a child in common with that person
  1. A Class-D Felony:
    1. If they have a prior unrelated conviction of domestic battery; or
    2. The alleged offense was committed in the “physical presence” of a minor child less than sixteen (16) years old, and that person knew the minor was present and might be able to hear or see the offense occurring.

BATTERY:

Domestic abuse does not specifically mention battery however, under Indiana Code, IC 35-42-2-1(a)(2)(M), a person commits:

  1. A Class-D Felony:
    1. If they are at least eighteen (18) years of age,
    2. They touch a family or household member,
    3. In a rude, insolent or angry manner resulting in bodily injury, and
    4. The battery took place in the presence of a child less than sixteen (16), who the aggressor knew was present and able to see or hear the event.

OTHER OFFENSES:

It is common for the prosecutor to include additional charges such as:

  •  Intimidation, IC 35-45-2-1: Communicating threats to another person
    • Penalty: Ranges from a Class-A Misdemeanor to a Class-C Felony depending on the facts
  • Harassment, IC 35-45-2-2: Harassing or annoying another for no legitimate purpose
  • Penalty: A Class-B Misdemeanor
    • Penalty:  Ranges from a Class-D Felony to a Class-B Felony depending on the facts
    • Penalty: Ranges from a Class-D Felony to a Class- Felony depending on the facts
    • Penalty:  A Class-D Felony
  • Penalty: Ranges from Class-A Misdemeanor to Class-D Felony, depending on if the person has a prior unrelated conviction for Invasion of Privacy.
  • Confinement, IC 35-42-3-3: Confining someone without their consent by fraud, force or threat
  • Battery with Serious Bodily Injury, IC 35-42-2-1(a)(3-4):
  • Strangulation, IC 35-42-2-9: Applying pressure to the throat or neck of another person and/or obstructing the nose or mouth of another, as to impede normal breathing or blood flow circulation.
  • Invasion of Privacy: IC 35-46-1-15.1: Defying a court’s no contact or protective order.

The penalties for domestic violence are very serious.  If you or a loved one has been accused of domestic violence, give the experienced Domestic Violence Lawyers at Emerson Law, LLC a call today.  We’ll make sure your rights are protected every step of the way. Call us at 317-969-8000 or email us at info@emersonlawllc.com.

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Indianapolis Divorce Lawyer Blog: Cheap Divorce Attorney https://www.indypersonalinjurylaw.com/2017/05/16/indianapolis-divorce-lawyer-blog-cheap-divorce-attorney/ Wed, 17 May 2017 01:59:49 +0000 https://www.indypersonalinjurylaw.com/?p=726 Cheap Divorce Lawyer?  Think Again! When you are going through a divorce money is tight, and you will be looking for way to save.  It is common for people to consider hiring a cheap divorce lawyer or one of those “do it yourself” divorce kits online.  Trying to get divorced on the cheap can be…

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Cheap Divorce Lawyer?  Think Again!

When you are going through a divorce money is tight, and you will be looking for way to save.  It is common for people to consider hiring a cheap divorce lawyer or one of those “do it yourself” divorce kits online.  Trying to get divorced on the cheap can be a big costly mistake.  Don’t be a penny pincher and waste your time searching for a cheapo divorce attorney.  There aren’t many things you will experience in your life more serious than a divorce.  It is a life-changing event that you will have to live with the rest of your life.

If you are searching terms like:  free divorce lawyer, good cheap divorce lawyer, quick cheap divorce, divorce information, get a cheap divorce, cheap divorce advice, best cheap divorce lawyer, or online divorce lawyer STOP and think!

How Can a Cheap Divorce Attorney Offer Such Fees Low?

Lawyers base their fees on his/her knowledge, training, skill, and experience.  If you speak with a lawyer who offers a low cost divorce, stop for a moment and try to imagine why this attorney’s prices are significantly less than others.  That low fee may be due to the lawyer’s inexperience or a lack of business.  Experienced divorce lawyers know how to navigate through that state’s divorce laws and the importance of each decision that must be made in a divorce.  Ultimately using an experienced divorce lawyer will likely be the most cost effective decision.

A Cheap Divorce Lawyer May Cost More In The End

That inexperienced divorce lawyer who charges a lower hourly fee may cost you more in the end since he/she will have to spend more time working on your divorce.  In fact, you may end up paying an inexperienced attorney to learn the law.  Speed and accuracy come with an experienced attorney likely saving you money in the end.  At Emerson Law you will find our fees for uncontested divorce and contested divorces to be reasonable.

Quality Legal Representation at an Within Your Means

You can pinch pennies after your divorce is complete.  Right now, hire an experienced divorce attorney to protect your interests.  Most attorneys recognize that clients going through a divorce will also be facing limited finances.  JR & Jill Emerson will suggest ways to help you keep your legal fees as low as possible and will discuss payment plans to help you at this trying time of your life.

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