What Happens After Arrest for Domestic Battery In Indiana

jdtseymour · #1 06-30-2008, 09:37 PM

My question involves criminal law for the state of: Indiana.
Last Sept. 07 after my wife and I were divorced I was dropping off the kids and she started attacking me when I got out to let the kids out. She was mad at me for taking the kids to a fair. I pushed her away a few times and the last time she fell on the ground. All I wanted was to get her back so I could get in the truck to leave.
I left she called the police and filed domestic battery charges against me. The next day she went down and dropped the charges. After talking to the deputy prosecutor and the detective a few times over the phone they had said as far as they were concerned it was dropped after hearing my side of the story.
Now I get stopped for a taillight and arrested for a warrant issued May19 2008 for the domestic charges. I was bailed out the same night but given a paper that my court date is July 11. So what will happen when I go? Should I get a lawyer to take with me? I have no criminal record and were married for 17 years. Need to know what all will happen next?

Mr. Knowitall · #2 07-02-2008, 04:49 AM

Most likely you will be arraigned and have a bond set. Domestic violence charges have some pretty serious ramifications, including on gun ownership (if that's an issue for you), so it makes sense to consult a lawyer.

jdtseymour · #3 07-02-2008, 03:12 PM

I had a bond and bonded out the night of the arrest. And yes gun ownership is important. I have guns because I love hunting.

jdtseymour · #4 07-02-2008, 06:07 PM

Do i need a lawyer for the arraignment?

cyjeff · #5 07-02-2008, 06:08 PM

In a word, yes.

aaron · #6 07-02-2008, 09:16 PM

Why wouldn't you want to consult a lawyer prior to your arraignment?

The arraignment normally involves the formal reading of the charge against you, followed by an opportunity for you to enter a plea. If you do not wish to be convicted, you would not want to plead guilty (or a plea that will be treated as a guilty plea, such as "no contest") at that time. Note also that some jurisdictions (I'm not sure about yours) have special dispositions for first offense domestic violence.

jdtseymour · #7 07-02-2008, 09:36 PM

Yeah I am planning on taking a lawyer with me. Just trying to find out more about it because I don't get to talk to lawyer till Monday. What do you mean by dispositions? I just want to do whatever to get this behind me without spending jail time and without it affecting me for life. I hunt and fish and heard it could affect me having my guns and being able to hunt with my son?

aardvarc · #8 07-03-2008, 02:49 AM

Yep - a conviction could strip you of the legal ability to even possess a firearm. You need an attorney ASAP.