Understanding the Criminal Justice System
The moment handcuffs click shut behind your back, everything changes. Your phone buzzes with missed calls you can’t answer. Your job, your family, your reputation all hang in the balance. If you’ve been arrested for domestic violence in Indiana, you’re probably overwhelmed and frightened about what comes next. You’re not alone, and there are steps you can take to protect yourself.
Indiana takes domestic violence seriously, and the definition covers more situations than most people realize. According to Indiana Code § 34-6-2-34.5, domestic violence means at least one act committed by a family or household member that involves attempting to cause, threatening to cause, or causing physical harm to another family or household member.
This definition applies to spouses, former spouses, people who have children together, people who currently live together or previously lived together, and people who are dating or have dated. The charges can range from simple battery to more serious offenses. Even pushing someone during an argument can result in criminal charges, and throwing objects, blocking doorways, or making threats can all potentially lead to an arrest.
When police respond to domestic violence calls in Indiana, they must follow state laws that dictate their actions and the procedures that follow an arrest.
After the mandatory hold period, you’ll face an initial hearing within a day or two of your arrest. At this hearing, the judge will inform you of the charges against you and your rights, and will also make decisions about bail and whether you can be released from custody.
Several factors influence the bail decision. The judge looks at your criminal history, ties to the community, employment status, and whether you pose a flight risk. In domestic violence cases, judges also consider potential danger to the alleged victim. The judge may set conditions for your release, which often include staying away from the alleged victim and having no contact with them. You may be required to surrender any firearms you own, and some judges order GPS monitoring or check-ins with pretrial services.
In most domestic violence cases, the court will issue a protective order or no-contact order as a condition of your release. These orders are taken very seriously in Indiana.
A protective order under Indiana Code § 34-26-5 can prohibit you from contacting the alleged victim in any way. This means no phone calls, no text messages, no social media contact, and no third-party contact through friends or family members. The order may also require you to stay away from the alleged victim’s home, workplace, or school, and you might be excluded from your own residence if you shared it with the alleged victim. These orders can last for up to two years and can be renewed.
Violating a protective order is a separate criminal offense that carries its own penalties, including potential jail time. Even if the alleged victim contacts you first or says they want to talk, responding to that contact violates the order. The protective order binds you, not the alleged victim.
Domestic violence in Indiana isn’t a single charge. Instead, you’ll be charged with specific crimes that occurred during the incident. The most common charge is domestic battery under Indiana Code § 35-42-2-1.3, which occurs when you knowingly or intentionally touch a family or household member in a rude, insolent, or angry manner, or when you knowingly or intentionally cause bodily injury to a family or household member.
A basic domestic battery charge is a Class A misdemeanor, but the charge can elevate to a Level 6 felony if you have a previous, unrelated conviction for battery or strangulation, if the offense results in moderate bodily injury, if it’s committed in the presence of a child under 16 years old, or if the alleged victim is pregnant and you knew about the pregnancy. The charge becomes a Level 5 felony if the offense results in serious bodily injury or if it’s committed by strangulation or suffocation.
Other potential charges include criminal confinement if you prevented someone from leaving, as well as intimidation, harassment, or invasion of privacy if you violated an existing protective order.
The potential penalties vary significantly based on the charge level. A Class A misdemeanor can result in up to one year in jail and a fine of up to $5,000, while a Class B misdemeanor carries up to 180 days in jail and a fine of up to $1,000.
Felony charges carry years of potential prison time. A Level 6 felony conviction means six months to two and a half years in prison and a fine of up to $10,000, while a Level 5 felony can result in one to six years behind bars and a fine of up to $10,000. The court may also order you to complete a batterer’s intervention program, pay restitution to the alleged victim, perform community service, or submit to random drug and alcohol testing.
The consequences of a domestic violence arrest reach far beyond the courtroom, impacting nearly every aspect of your life.
Employment. Your job may be at immediate risk. Many employers have zero-tolerance policies for domestic violence arrests, particularly if your job involves working with vulnerable populations or requires professional licensing. Teachers, healthcare workers, financial professionals, and anyone who works with children may face license suspensions or revocations.
Firearms. If you own firearms, you could lose your right to possess them. Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from owning firearms—a lifetime ban. Even while the case is pending, Indiana law allows for the confiscation of your weapons.
Child Custody. The court will consider these allegations when making custody and visitation decisions. You may face supervised visitation or temporary loss of parenting time, and if you’re in the middle of a divorce or custody battle, these charges can significantly impact the outcome.
Housing. If you lived with the alleged victim, you may not be able to return home due to the protective order. Landlords may deny applications based on pending charges or convictions, and public housing authorities often have policies that prohibit tenants with domestic violence convictions.
Immigration. Your immigration status could be jeopardized if you’re not a U.S. citizen. Domestic violence convictions can lead to deportation or denial of visa renewals, green cards, or naturalization applications. Immigration consequences are often permanent and can separate you from your family.
Every case has two sides, and you have the right to defend yourself against these allegations. Several defenses may apply to your situation.
Self-defense is a valid legal defense. If you were protecting yourself from harm, this can be a complete defense to the charges. Indiana law recognizes your right to defend yourself when you reasonably believe force is necessary to protect yourself from imminent harm.
False accusations do happen, sometimes stemming from anger, revenge, or custody disputes. A person going through a difficult breakup may fabricate or exaggerate allegations, and in custody battles, one parent might make false claims to gain an advantage in court.
Lack of evidence is another defense. The prosecution must prove their case beyond a reasonable doubt. If there are no injuries, no witnesses, and no physical evidence, it becomes difficult for the state to meet this burden.
Witness credibility matters significantly in these cases. Inconsistent statements from the alleged victim, prior false allegations, or witnesses who contradict the alleged victim’s story can all strengthen your defense. Sometimes the physical evidence doesn’t match the allegations, and medical records, photos, or lack thereof can be telling.
The period right after your arrest is when legal representation has the most impact on your case and your future.
A domestic violence arrest feels overwhelming, but it’s actually just the beginning of a process. The outcome of your case depends on many factors including the strength of the evidence, your criminal history, the specific facts of the incident, and the quality of your legal defense.
Some cases result in dismissed charges when the prosecution cannot prove their case or when evidence emerges that contradicts the allegations. Others end with plea agreements that minimize consequences, such as reducing felony charges to misdemeanors or agreeing to deferred prosecution that can result in charges being dismissed after you complete certain requirements. Some go to trial where a jury decides your guilt or innocence.
What you do now matters. Follow all court orders exactly. Don’t contact the alleged victim, even if they contact you first. Document everything relevant to your case and keep records of where you were, who you were with, and any evidence that supports your version of events. Attend all court appearances, as missing a court date can result in additional charges and a warrant for your arrest.
Consider counseling or anger management programs. These steps show the court you’re taking the situation seriously and working to prevent future incidents. Even if you believe you’re innocent, participation in these programs demonstrates good faith.
Can the alleged victim drop the charges against me?
No. Once the state files charges, only the prosecutor can dismiss them. The alleged victim is a witness, not the party bringing charges. Even if the alleged victim doesn’t want to proceed, the prosecutor may continue with the case based on other evidence like officer testimony, 911 recordings, photos, or medical records. Prosecutors often proceed with cases even when the alleged victim asks them not to, particularly in cases with strong evidence of violence or when they believe the victim is being pressured or threatened.
What if we both got arrested?
This is called dual arrest, and it happens when officers believe both parties engaged in violence. Each person faces separate charges and separate cases. You’ll each have protective orders against the other, which can create complicated situations particularly if you have children together or share a residence. The court will need to address issues like who can live in a shared home and how child exchanges will occur when both parents have protective orders against each other.
Can I see my children while there’s a protective order?
It depends on the specific terms of the order. Some protective orders include exceptions for child exchanges or allow supervised contact, while others prohibit all contact. Violating the order to see your children is still a crime, even with good intentions. You can petition the court for modifications to allow parenting time. Many courts will allow supervised exchanges at a neutral location or permit a third party to facilitate exchanges without direct contact between you and the alleged victim.
How long will this stay on my record?
A conviction remains on your criminal record permanently unless you’re eligible for and successfully complete an expungement. Not all domestic violence convictions are eligible for expungement in Indiana. Even arrests without convictions appear on background checks, though they may be eligible for expungement after a waiting period. The waiting period varies based on the outcome of your case. If you were arrested but never charged, you may be eligible for expungement immediately.
What happens if I accidentally run into the alleged victim?
If you’re subject to a protective order, you must leave immediately upon seeing the alleged victim. The order requires you to avoid contact, regardless of who initiated the encounter. Document the incident, including that you left immediately. Note the time, location, and any witnesses present. If the alleged victim approaches or contacts you, don’t respond. Save any messages or evidence and report it to your attorney or the court. Never engage with the alleged victim, even to explain that you can’t talk to them.
Will I lose my professional license?
It depends on your profession and the specific charges. Many professional licensing boards require disclosure of arrests and convictions. Some professions, like teaching, healthcare, and law, have strict standards. A conviction can result in license suspension or revocation. Even pending charges can trigger investigations by your licensing board. Some licenses may be suspended during the pendency of criminal charges, while others may not be affected until after a conviction. You should notify your attorney if you hold any professional licenses so they can advise you on reporting requirements and potential consequences.
Facing domestic violence charges in Indiana is scary, and you shouldn’t go through it alone. The decisions you make in the coming days and weeks will affect the rest of your life.
At Razumich & Associates, PLLC, we handle domestic violence cases throughout Indianapolis and surrounding counties. We know Indiana’s domestic violence laws inside and out, and we’ve helped countless clients fight these charges.
Time is working against you right now. Evidence disappears. Witnesses’ memories fade. Opportunities for favorable plea agreements may not last. Every day you wait makes the job harder.
Don’t let fear or uncertainty stop you from protecting your future. Reach out to us today for a free consultation. We’ll review your case, explain your options, and start building your defense immediately. Your future is worth fighting for, and we’re ready to stand beside you through every step of this process.
