Defendants Arrested on a Domestic Violence Charge in Indiana Are Required to Spend at Least 24 Hours in Jail

A defendant arrested on one of any number of domestic violence charges in Indiana must not be released until at least 24 hours have passed from the time of their arrest. Indiana law had formerly required the arrested defendant to be held for at least 8 hours; it was changed in 2023 to increase the minimum holding requirement to 24. 

When Does the 24-Hour Holding Requirement Apply?

The 24-hour holding requirement applies in cases where the defendant was arrested for any one of the following offenses if allegedly committed against a family member: 

• A domestic violence crime, which in Indiana is a crime that is committed against a family or household member and involves the use of force or the threatened use of a deadly weapon
• Battery, domestic battery, aggravated battery, or sexual battery
• Rape
• Strangulation
• Invasion of privacy or criminal stalking
• Criminal recklessness or criminal confinement
• Burglary
• Breaking and entering (called “residential entry” in Indiana)

Why Was the 24-Hour Holding Requirement Put in Place? 

Advocates for the 24-hour holding requirement in domestic violence cases argued that the 8-hour requirement was not long enough to allow victims to access support systems and to get help after an alleged domestic violence incident. Another reason sometimes cited is to provide the defendant with a “cooling off” period. In any case, if you are arrested on a domestic violence charge, expect to spend at least 24 hours in jail before you can be released on bail.   

Razumich & Associates Can Help You if You’ve Been Accused of Domestic Violence

If you’ve been arrested and accused of domestic violence, you need help from an experienced criminal defense attorney, someone who understands Indiana’s domestic violence laws and who will fight to protect your rights and defend you against the charges. One of the problems that defendants face in domestic violence cases is that the sympathies of police, prosecutors, and sometimes the court system are with those who claim to be victims. As a result, it’s not unusual for defendants accused of domestic violence to have their basic legal rights ignored. 

At Razumich & Associates, we are here to protect your rights and to do everything we can to make sure prosecutors and the courts respect your rights as well. In our judicial system, you are innocent until proven guilty, and we will fight to remind the prosecution of that basic fact while vigorously defending you against the charges you face. 

Call Razumich & Associates today at 317-449-8657 or use our contact form to schedule a confidential, no-obligation consultation. You have a right to an attorney and to defend yourself against criminal charges; let Razumich & Associates help.