What if a Family Member Committed a Crime Against Me?

Criminal cases involving family members are among the most emotionally complex and legally challenging situations in the Indiana justice system. When the accused person is a spouse, parent, child, sibling, or partner, the case takes on a different weight. People often feel torn between protecting themselves, protecting their loved one, and avoiding long-term family disruption. Many victims in these situations want the truth acknowledged—but they don’t want their family member to go to jail, lose their job, or end up with a permanent criminal record.

Because of these conflicting pressures, cases involving family members require careful handling and sometimes urgent legal advice. Whether someone is the alleged victim or the accused person, consulting with a knowledgeable criminal defense attorney or criminal defense lawyer can help navigate an emotionally charged and legally delicate situation.

Indiana law treats crimes within families with increased seriousness. Prosecutors and courts classify them as:

• Domestic battery  
• Domestic violence offenses  
• Crimes against household members
• Crimes involving minors or vulnerable individuals
   

This means that even if the victim does not want charges filed, the State of Indiana may still pursue the case aggressively.

The most common charges involving family members include:

• Domestic battery (misdemeanor or felony)
• Invasion of privacy (often tied to protective orders)
• Criminal confinement
• Strangulation
• Intimidation or threats
• Disorderly conduct
• Neglect of a dependent
• Interference with reporting a crime
• Harassment or stalking
   

Even a relatively small incident—an argument, a misunderstood comment, or an accidental injury—can escalate into criminal charges once law enforcement becomes involved.

Victims often assume they control the case. Unfortunately, that is not how Indiana law works.

In Indiana, victims cannot drop charges. Only the prosecutor decides whether the case continues or is dismissed.

Not always. The prosecution may use:

• Recorded statements    
• 911 calls    
• Bodycam footage    
• Medical records    
• Physical evidence    
• Witness testimony  
   

In serious cases, prosecutors may proceed without the victim.

Courts can issue subpoenas for victim testimony. Ignoring a subpoena may result in contempt proceedings.

For these reasons, even victims often need legal advice from a criminal defense lawyer to understand their rights.

This is extremely common. Many victims simply want:

• Counseling 
• Space and time
• Family stability
• Safety without punishment
• The ability to reconcile later  
   

Indiana prosecutors sometimes take victims’ wishes into account but also consider:

• The severity of injuries
• Prior domestic incidents
• Evidence available  
• Risk to children  
• Community safety  
   

A criminal defense attorney can help present the victim’s perspective—legally and respectfully—to the prosecution.

When a family-based offense is alleged, the court may issue:

• No-contact orders (part of the criminal case)
• Protective orders (civil orders requested by the victim)  
   

A defendant can be arrested simply for:

• Sending a text 
• Calling  
• Returning home  
• Being in the same room
• Trying to apologize 
• Asking the victim to drop the case  
   

Even if the victim initiates contact, the defendant can still face consequences for responding.

A criminal defense lawyer can request:

• Modification of a no-contact order
• Permission for limited communication
• Restored contact for child-related matters
• Emergency hearings if the situation changes  
   

Without legal modification, the order remains fully enforceable.

Family members often report that the situation did not happen the way the police report describes.

Common examples include:

• A loud argument neighbors misunderstood
• Accidental injuries mistaken for intentional acts
• Emotional reactions during stressful moments
• Miscommunications due to intoxication
• Police arriving after tensions calmed
• One person calling 911 to de-escalate, not to accuse  
   

Despite this, officers often must make an arrest if they believe a crime occurred. A criminal defense lawyer can help correct misunderstandings through:

• Supplemental statements
• Updated evidence
• Witness interviews    
• Advocacy with the prosecutor
• Motions challenging the basis of the arrest  
   

Family cases become even more sensitive when children are present. The Department of Children and Families (DCS) may intervene to ensure the child’s safety.

DCS may:

• Interview the child
• Interview the accused
• Interview the non-accused parent  
• Conduct home visits  
• Mandate safety plans  
   

A criminal defense attorney can coordinate with DCS and help ensure the family’s rights are protected while still promoting child safety.

Being accused by a family member is devastating. Many people feel overwhelmed, confused, and ashamed—even before they know the details of the allegations.

A criminal defense lawyer can immediately:

• Protect constitutional rights
• Work toward restoring contact with the family
• Prevent self-incrimination
• Collect evidence supporting the defense
• Challenge allegations or exaggerated claims 
• Negotiate with prosecutors to reduce charges
• Pursue counseling-based or treatment-based alternatives
• Seek resolutions that avoid jail time  
   

In many family-related cases, the defendant has no prior record and simply needs legal support and stabilization—not criminal punishment.

Depending on the facts, outcomes may include:

• Dismissal
• Diversion programs (leading to no conviction)
• Reduced charges
• Probation instead of jail
• Restoration of contact with the family
• Expungement options in the future
   

A criminal defense lawyer’s goal is often to protect both the defendant’s future and the family’s long-term stability.

Crimes involving family members are complicated—legally, emotionally, and personally. Indiana courts take these cases seriously, and both alleged victims and accused individuals often feel trapped by a system that moves quickly and sometimes inflexibly. Whether someone wants to protect their loved one, protect themselves, or simply navigate the legal process without making things worse, an experienced criminal defense attorney can provide guidance, strategy, and clarity. These cases require sensitivity, experience, and a deep understanding of Indiana’s domestic-related criminal laws.

If you or a loved one is facing criminal charges, the Kutsenok Law Office is here to help. We are located in Fort Wayne, Indiana and we service Allen County, Adams County, Huntington County, Wells County, DeKalb County, Whitley County, Noble County, Steuben County, and all other counties in Northeast Indiana. 📞 Call 260-443-1676 today to get started.