Indiana Domestic Violence Laws: Charges, Penalties, and Defenses

Indiana’s domestic violence laws center on the domestic battery statute at Indiana Code 35-42-2-1.3, which punishes rude or angry touching of a family or household member as anything from a Class A misdemeanor to a Level 5 felony depending on injury, prior record, and other aggravators.¹ A separate strangulation statute, mandatory arrest and hold rules, civil protective orders, and a lifetime federal firearms ban all sit on top of the criminal charge itself.

Who the Law Covers

The domestic battery statute only applies when the alleged victim is a “family or household member.” Indiana Code 35-31.5-2-128 defines that term broadly. It reaches current and former spouses, people who share a child, people who are or were living in the same home, and current or former dating or sexual partners — even without cohabitation.² It also covers parents and children, siblings, and other relatives by blood or marriage.

A single date can be enough to bring a relationship within the statute. That surprises people who assume domestic violence law applies only to spouses or people who live together.

Domestic Battery Penalties

Domestic battery is intentionally touching a family or household member in a rude, insolent, or angry manner.¹ Where the charge lands depends on the injury caused, the victim’s vulnerability, and the defendant’s history.

Class A Misdemeanor

A domestic battery with no aggravating factors is a Class A misdemeanor, carrying up to one year in jail and a $5,000 fine.³ Even this baseline conviction qualifies as a misdemeanor crime of domestic violence under federal law and triggers the firearms ban discussed below.

Level 6 Felony

The charge becomes a Level 6 felony when any of the following applies:

The defendant has a prior unrelated conviction for a battery offense or strangulation.
The victim suffers moderate bodily injury, meaning something beyond minor bruising or pain.
The defendant is at least 18 and commits the offense in the physical presence of a child under 16, knowing the child could see or hear it.
The victim is a child under 14, a person with a mental or physical disability, or an endangered adult.
The offense occurs while a protective or no-contact order is in effect.

A Level 6 felony carries six months to two and a half years in prison, an advisory sentence of one year, and a fine of up to $10,000.⁴

Level 5 Felony

Domestic battery reaches Level 5 felony status when it causes serious bodily injury, involves a deadly weapon, injures a pregnant victim the defendant knew was pregnant, or when the defendant has a prior battery conviction against the same victim.¹ The sentence runs from one to six years, with an advisory sentence of three years, plus a fine of up to $10,000.⁵

Strangulation Is Charged Separately

Indiana treats strangulation as its own felony under Indiana Code 35-42-2-9. Applying pressure to the throat, neck, or torso in a way that restricts breathing or blood flow, or obstructing the nose or mouth, is a Level 6 felony on its own.⁶ It rises to a Level 5 felony if the victim is pregnant and the defendant knew, or if the defendant has a prior strangulation conviction.

Prosecutors often stack strangulation on top of domestic battery, so a single incident can produce multiple felony counts. A strangulation conviction also functions as a prior offense that pushes any future domestic battery to at least a Level 6 felony.

Arrest and Pretrial Release

Police can make a warrantless arrest whenever they have probable cause to believe someone committed domestic battery, and a victim’s sworn statement can supply that probable cause. Officers do not need to have witnessed the offense.⁷

After a domestic violence arrest, Indiana requires a mandatory eight-hour hold before release on bail or personal recognizance. The hold is a cooling-off period. Courts also routinely impose a no-contact order as a condition of release. Violating that order is the crime of invasion of privacy, a Class A misdemeanor that becomes a Level 6 felony on a repeat offense or with a prior stalking conviction.⁸

Civil Protective Orders

A protective order is a separate civil remedy. The victim files a petition in circuit or superior court without a filing fee in domestic violence cases, and an attorney is not required. If the petition shows domestic or family violence has occurred, the court can issue an emergency ex parte order the same day, without notice to the alleged abuser. A full hearing follows within 30 days, and if the evidence holds, the court issues a protective order lasting two years by default.⁹

A protective order can do more than tell someone to stay away. It can:

Prohibit all direct and indirect contact, including through third parties, and bar use of tracking devices.
Remove the respondent from the petitioner’s home, regardless of who owns it.
Require the respondent to stay away from the petitioner’s home, workplace, and school.
Grant the petitioner temporary exclusive custody of children and pets.
Assign possession of a vehicle and other essential personal property.

Violating any term is again the crime of invasion of privacy.⁸

Federal Firearms Ban

Federal law permanently prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing, purchasing, or receiving any firearm or ammunition.¹⁰ A Class A misdemeanor domestic battery conviction in Indiana is enough to trigger it. Violating the ban is itself a federal felony.

Indiana’s own definition of a crime of domestic violence at Indiana Code 35-31.5-2-78 tracks the federal standard: an offense involving physical force or the threatened use of a deadly weapon against a family or household member.¹¹ Indiana’s expungement statute states explicitly that expunging a domestic violence conviction does not restore firearm rights. The only route back is the separate restoration process under Indiana Code 35-47-4-7.¹²

Impact on Child Custody

Indiana Code 31-17-2-8 requires courts making custody decisions to consider the best interests of the child, and a specific listed factor is evidence of a pattern of domestic or family violence by either parent.¹³ Where a court finds a credible pattern, the common outcome is sole custody to the non-abusive parent, with any visitation for the other parent often ordered supervised. Courts may condition future modifications on completion of a batterer-intervention program or counseling.

In contested cases, the court can appoint a Guardian ad Litem to investigate and represent the child’s interests, review records, and file a written recommendation.¹⁴ The court is not bound by that recommendation but weighs it heavily.

Immigration Consequences

For non-citizens, a domestic violence conviction is a deportable offense under the Immigration and Nationality Act, and this applies to lawful permanent residents as well as visa holders. Consequences can include mandatory detention, removal, and permanent bars to naturalization or future visas. A misdemeanor plea with probation in state court can still trigger automatic removal, so any plea offer should be reviewed by an immigration attorney before it is accepted.

Non-citizen victims may have an independent path to lawful status through a VAWA self-petition, which allows a victim who is the spouse, child, or parent of an abusive U.S. citizen or lawful permanent resident to petition for a green card without the abuser’s knowledge.

Defenses

Self-defense is the most common defense in domestic battery cases. Indiana permits reasonable force to prevent imminent harm, but the force has to be proportional. Pushing away someone who swung at you is proportional; using a weapon in response to a shove usually is not. The defense has to show a genuine belief that force was necessary.

Lack of intent is a second route. Domestic battery requires knowing or intentional conduct, so accidental contact is not battery. The defense builds this through physical circumstances that make an unintentional collision plausible.

Challenging credibility is a third. False accusations do happen, especially in divorce and custody fights. Text messages, surveillance video, third-party witnesses, and inconsistencies across the accuser’s statements can all undercut a claim. Courts examine false-accusation defenses closely, and the supporting evidence has to be concrete.

Expungement

Indiana allows expungement of some domestic violence convictions, subject to waiting periods and conditions.¹² A misdemeanor domestic battery conviction can be petitioned five years after the date of conviction. A Level 6 felony domestic battery without bodily injury requires eight years. A felony that caused serious bodily injury requires ten years from conviction or five years from completion of the sentence, whichever is later, and written prosecutor consent.

In every case the petitioner must have paid all fines, costs, and restitution, must have picked up no new convictions during the waiting period, and must have no pending charges. Even when expungement is granted, the federal firearms ban stays in place. That is why a domestic violence expungement is a partial remedy rather than a full clean slate.

1
Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery
2
Indiana General Assembly. Indiana Code 35-31.5-2-128 – Family or Household Member
3
Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
4
Indiana General Assembly. Indiana Code 35-50-2-7 – Class D Felony; Level 6 Felony
5
Indiana General Assembly. Indiana Code 35-50-2-6 – Class C Felony; Level 5 Felony
6
Indiana General Assembly. Indiana Code 35-42-2-9 – Strangulation
7
Indiana General Assembly. Indiana Code 35-33-1-1 – Arrest Without Warrant
8
Indiana General Assembly. Indiana Code 35-46-1-15.1 – Invasion of Privacy; Offense
9
Indiana General Assembly. Indiana Code 34-26-5-9 – Ex Parte Orders; Relief After Notice and Hearing
10
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
11
Indiana General Assembly. Indiana Code 35-31.5-2-78 – Crime of Domestic Violence
12
Indiana Public Defender Council. IC 35-38-9 Chapter 9 – Sealing and Expunging Conviction Records
13
Indiana General Assembly. Indiana Code 31-17-2-8 – Custody Order
14
Indiana Judicial Branch. Indiana Guide to Working with a Guardian ad Litem