What Is Domestic Battery in Indiana: Charges, Penalties, and Firearm Ban

Domestic battery charges and penalties in Indiana run across seven levels, starting at a Class A misdemeanor with up to one year in jail and a $5,000 fine, and climbing to a Level 2 felony carrying ten to thirty years in prison when a child under 14 or an endangered adult dies. A conviction at any level, including the misdemeanor, also triggers a lifetime federal ban on firearms and can make a non-citizen deportable.

What Makes a Battery “Domestic” in Indiana

Under IC 35-42-2-1.3, domestic battery is knowingly or intentionally touching a family or household member in a rude, angry, or insulting manner, or placing bodily fluid or waste on that person in the same way.¹ No visible injury is required. The same contact charged as simple battery against a stranger becomes domestic battery when the person on the other end fits the statute’s relationship list.

Indiana defines “family or household member” broadly under IC 35-31.5-2-128. It covers current and former spouses, people who are dating or have dated, current and former sexual partners, blood relatives and in-laws, people who share a child, and anyone in a guardianship, custodial, or foster relationship. A minor child of either person in any of those relationships also counts.² You do not need to live together or be married. A single past date is enough.

Class A Misdemeanor: The Baseline Charge

When no aggravating factors apply, domestic battery is a Class A misdemeanor, the most serious misdemeanor level in Indiana. The penalty is up to one year in jail and a fine of up to $5,000.³ A judge can also order probation, counseling, community service, or a mix of these.

Even at this level, the federal firearm ban and immigration exposure described below attach to the conviction. Treating the misdemeanor as a minor charge understates what it does to the rest of your life.

Level 6 Felony Domestic Battery

Domestic battery becomes a Level 6 felony when any one of seven aggravating factors is present. A Level 6 felony carries six months to two and a half years in prison and a fine of up to $10,000. The triggers are:¹

A prior, unrelated conviction for a battery offense or for strangulation under IC 35-42-2-9.
Commission in the presence of a child under 16, where the offender is at least 18 and knew the child could see or hear it.
Moderate bodily injury, meaning an impairment of physical condition that involves substantial pain.⁴
A victim under 14, where the offender is at least 18.
A victim with a mental or physical disability who was in the offender’s care, voluntarily or by legal obligation.
A victim who qualifies as an endangered adult under Indiana law.
An active protection order or court-issued no-contact order protecting the victim from the offender at the time of the offense.

Only one factor needs to be present.

Level 5 Felony Domestic Battery

The charge rises to a Level 5 felony when the conduct causes more serious harm or involves especially dangerous means. A Level 5 felony carries one to six years in prison, with an advisory sentence of three years, and a fine of up to $10,000.⁵ This level applies when:¹

The victim suffered serious bodily injury, defined as injury creating a substantial risk of death, causing unconsciousness, extreme pain, serious permanent disfigurement, or loss of a fetus.⁶
The offense was committed with a deadly weapon.
The offender caused bodily injury to a family or household member known to be pregnant.
The offender has a prior battery or strangulation conviction involving the same victim.
The offense caused bodily injury to a child under 14 (where the offender is at least 18), a disabled person in the offender’s care, or an endangered adult.

Level 4, Level 3, and Level 2 Felonies

The top three charge levels are reserved for cases involving vulnerable victims who suffer catastrophic injury or die.

A Level 4 felony applies when the offense causes serious bodily injury to an endangered adult. The sentence runs from two to twelve years in prison, with an advisory sentence of six years, plus a fine of up to $10,000.⁷

A Level 3 felony applies when the offense causes serious bodily injury to a child under 14, committed by someone at least 18. The sentencing range is three to sixteen years, with an advisory sentence of nine years.¹

A Level 2 felony applies when the offense causes the death of a child under 14 (committed by an adult 18 or older) or the death of an endangered adult. The sentence is ten to thirty years in prison, with an advisory sentence of seventeen and a half years.¹

The Lifetime Federal Firearm Ban

Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently barred from possessing, shipping, transporting, or receiving any firearm or ammunition.⁸ This is federal law and operates independently of what the state court does with sentencing.

The ban is lifetime. It attaches to the Class A misdemeanor level, not just the felonies. And if you later get the conviction expunged under Indiana law, the expungement does not automatically give your gun rights back. Restoration requires a separate petition under IC 35-47-4-7.⁹ People find this out years later, often when a background check for a purchase turns them down.

Immigration Consequences for Non-Citizens

Federal immigration law makes a conviction for a crime of domestic violence a deportable offense regardless of immigration status or length of residence in the United States.¹⁰ The federal definition tracks Indiana’s list of qualifying relationships closely, covering current and former spouses, co-parents, cohabitants, and others protected under state domestic violence statutes.

A misdemeanor conviction is enough to start removal proceedings. The same conviction can block lawful permanent residency, prevent naturalization, and bar re-entry after travel abroad. For a non-citizen, the immigration exposure can outweigh the criminal sentence.

No-Contact Orders After Arrest

Once a domestic battery charge is filed, the court usually issues a no-contact order as a bail condition. The order bars the defendant from contacting the alleged victim in person, by phone, through messages or social media, or through anyone acting on the defendant’s behalf. The alleged victim cannot waive it. Only the judge can change or lift it.

Violating a no-contact order is charged as invasion of privacy under IC 35-46-1-15.1, a Class A misdemeanor carrying up to one year in jail, which rises to a Level 6 felony with a prior invasion of privacy or stalking conviction.¹¹ A violation can also trigger bond revocation, sending the defendant back to jail while the underlying case is pending.

The alleged victim can also petition for a civil protective order under IC 34-26-5. A judge can issue one on an emergency basis without the respondent present, and it can require the respondent to stay away from the petitioner’s home, workplace, and school, and to surrender a shared residence. A civil protective order lasts two years unless the court orders otherwise.¹²

Expungement of a Domestic Battery Record

Indiana allows expungement of most domestic battery convictions, but the waiting periods are long. For a Class A misdemeanor, the wait is at least five years from the conviction date.⁹ A Level 6 felony without bodily injury requires eight years. Felony convictions involving bodily injury require eight years from conviction or three years after completing the sentence, whichever is later. The most serious felonies require ten years or five years after completing the sentence. A felony that resulted in death cannot be expunged at all.

A prosecutor can agree to shorten the waiting period, but is not required to. And a successful expungement does not restore firearm rights. That takes a separate petition under a different statute, and it is a process many people never complete because they do not know it exists.

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 35-31.5-2-204.5 – Moderate Bodily Injury
5
Indiana General Assembly. Indiana Code 35-50-2-6 – Level 5 Felony
6
Indiana General Assembly. Indiana Code 35-31.5-2-292 – Serious Bodily Injury
7
Indiana General Assembly. Indiana Code 35-50-2-5.5 – Level 4 Felony
8
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
9
Indiana Courts. Detailed Information on Criminal Case Expungement
10
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
11
Indiana General Assembly. Indiana Code 35-46-1-15.1 – Invasion of Privacy Offense Penalties
12
Indiana General Assembly. Indiana Code 34-26-5-9 – Protective Orders