If you are facing domestic violence charges in Indiana, the offense can be prosecuted anywhere from a Class A misdemeanor to a Level 2 felony depending on the injury caused, whether a weapon was used, the victim’s age or condition, and your prior record. Even the lowest-level conviction carries up to a year in jail, a $5,000 fine, and a permanent federal ban on possessing firearms.
Who the Law Treats as a Family or Household Member
Indiana’s domestic battery statute only applies when the alleged victim fits the legal definition of a “family or household member.” That category covers current and former spouses, people who are dating or have dated, people who have had a sexual relationship, blood relatives, relatives by marriage, people who share a child, and guardians, wards, custodians, and foster parents.1Indiana General Assembly. Indiana Code 35-31.5-2-128 – Family or Household Member A minor child of either person in such a relationship also counts.
If no qualifying relationship exists, the same conduct is prosecuted as ordinary battery rather than domestic battery. The relationship is what unlocks the domestic-specific charges, the mandatory arrest and hold rules, the enhancements, and the firearm ban.
What Happens After the Arrest
Officers responding to a domestic violence call can arrest without a warrant when they have probable cause.2Indiana General Assembly. Indiana Code 35-33-1-1 – Law Enforcement Officer Probable cause often rests on visible injuries, torn clothing, damaged property, witness statements, or the alleged victim’s account. The alleged victim does not have to “press charges” for the arrest to go forward; once police have probable cause, the decision belongs to the state.
If officers have probable cause to believe domestic violence occurred, they can also confiscate any firearm or deadly weapon at the scene when the weapon poses an immediate risk or was used in the offense.3Indiana General Assembly. Indiana Code 35-33-1-1.5 – Crime Involving Domestic or Family Violence; Duties of Law Enforcement Officers; Confiscation of Firearm, Ammunition, or Deadly Weapon
The 24-Hour Bail Hold
After a domestic violence arrest, the court cannot release the accused on bail for at least 24 hours. The hold applies across a long list of qualifying offenses against a family or household member, including domestic battery, aggravated battery, strangulation, sexual battery, stalking, and criminal confinement. Before any release, a bail hearing has to be held in open court.4Indiana General Assembly. Indiana Code 35-33-8-6.5 – Twenty-Four Hour Bail Holding Period for Person Arrested for Certain Domestic Violence Crimes Expect a no-contact order to be imposed as a condition of release.
How the Charge Is Classified
Domestic battery, at its base, is knowingly or intentionally touching a family or household member in a rude, angry, or offensive manner. The touching does not have to cause an injury or leave a mark.
Class A Misdemeanor
Simple domestic battery with no aggravating factors is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery6Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
Level 6 Felony
The charge becomes a Level 6 felony when any of several triggers apply:
- a prior unrelated conviction for any battery or strangulation offense
- the offense was committed in the physical presence of a child under 16
- the offense caused moderate bodily injury
- the victim was under 14 or had a disability
- a protective order or no-contact order was in effect against the defendant at the time
A Level 6 felony carries six months to two and a half years in prison, with a one-year advisory sentence, plus a possible fine up to $10,000.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery7Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony
Level 5 Felony
The offense rises to a Level 5 felony when:
- the battery caused serious bodily injury, meaning injury creating a substantial risk of death, permanent disfigurement, loss of a fetus, or loss of function of a body part
- a deadly weapon was used
- the victim was pregnant and the offender knew it, and bodily injury resulted
- the defendant has a prior battery or strangulation conviction involving the same family or household member
Level 4, 3, and 2 Felonies
Indiana reserves the highest levels for the most severe outcomes. Causing serious bodily injury to an endangered adult is a Level 4 felony. Causing serious bodily injury to a child under 14 when the offender is at least 18 is a Level 3 felony. If the battery results in the death of a child under 14 or an endangered adult, the offense is a Level 2 felony.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery
Strangulation Is a Separate Felony
Applying pressure to someone’s throat, neck, or torso, or obstructing their nose or mouth in a way that impedes breathing or blood circulation, is charged as strangulation, a Level 6 felony on its own. It becomes a Level 5 felony if the victim was pregnant and the offender knew, or if the offender has a prior strangulation conviction.8Indiana General Assembly. Indiana Code 35-42-2-9 – Strangulation This charge is often filed alongside domestic battery when the facts support both.
Protective Orders and No-Contact Orders
A domestic violence case commonly runs on two tracks at once. The criminal case moves through the court as a prosecution by the state, while the alleged victim may separately petition for a civil protective order. A court can issue an ex parte protective order right away, without notifying the accused, when the petition shows that domestic or family violence has occurred; a full hearing follows.9Indiana General Assembly. Indiana Code 34-26-5-9 – Ex Parte and Final Orders A final order lasts two years from the date of issuance unless the court sets a different term.
Separately, criminal courts routinely impose no-contact orders as a condition of bail and later as a condition of probation. Knowingly violating any of these orders, whether civil protective, ex parte, bail-based, or probation-based, is prosecuted as invasion of privacy, a Class A misdemeanor punishable by up to one year in jail and a $5,000 fine. With a prior unrelated conviction for invasion of privacy or stalking, the violation becomes a Level 6 felony, carrying six months to two and a half years in prison.10Indiana General Assembly. Indiana Code 35-46-1-15.1 – Invasion of Privacy; Offense; Penalties Texts, social media messages, and contact through a third party all count.
The Federal Firearm Ban
This is the consequence that catches most people off guard. Under federal law, anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from possessing firearms or ammunition.11Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That includes Indiana’s basic Class A misdemeanor domestic battery. The ban has no expiration, no exception for hunting rifles, and no exception for weapons kept at home for self-defense. Violating it is itself a felony.
The practical fallout reaches people in law enforcement, the military, and private security, along with anyone whose job requires a firearm. Because the prohibition is federal, Indiana courts cannot waive or modify it. Even if a state court later restores state gun rights, the federal bar operates independently.12U.S. Marshals Service. Lautenberg Amendment
Immigration Consequences for Noncitizens
If you are not a U.S. citizen, a domestic violence conviction is particularly serious. Any noncitizen convicted after admission to the United States of a crime of violence against a current or former spouse, cohabitant, co-parent, or anyone else protected under domestic violence laws is deportable under federal immigration law.13Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A conviction can also block future visas, green cards, and naturalization. Talk to an immigration attorney before accepting any plea offer, because even a misdemeanor plea can trigger mandatory deportation proceedings.
Impact on Professional Licensing
A domestic violence conviction, even a misdemeanor, can affect professional licensing in fields like healthcare, law, education, and finance. Licensing boards generally require disclosure of all convictions and pending charges, and failing to disclose can be more damaging than the underlying conviction itself. Current license holders may face suspension, probation, or revocation depending on the severity and circumstances. Boards typically weigh whether physical harm was involved, whether substance abuse played a role, how recently the offense occurred, and whether any court-ordered programs have been completed.