Understanding the Criminal Justice System
The fight escalated. Voices got louder. Hands started flying. When the police arrived, you both had marks on your bodies. You both admitted to pushing, shoving, or striking the other person. Yet somehow, you’re the one sitting in the back of a patrol car while your partner remains at home. How is that fair? Why did the police arrest you when both of you were fighting?
This scenario plays out more often than you might think in Indianapolis and throughout Indiana. When officers respond to domestic violence calls where both parties have been physical with each other, they don’t simply throw up their hands and walk away. They make an arrest decision, and that decision can change your life in ways you never anticipated.
Indiana law doesn’t recognize “mutual combat” as a defense in domestic situations. While some states have specific mutual combat doctrines that might excuse certain fights between willing participants, Indiana takes a different approach when family or household members are involved.
When officers arrive at a domestic disturbance where both parties claim the other person started it, they’re required to make a determination about who was the primary aggressor. This means they assess the situation to figure out who was the predominant attacker, even if both people were physical with each other.
The primary aggressor determination isn’t about who threw the first punch. Officers consider multiple factors, including who has greater physical size and strength, who caused more severe injuries, who has a history of domestic violence, who acted in self-defense, and whether one person was trying to escape while the other prevented them from leaving.
This analysis happens quickly, often in the heat of the moment, and it’s based on what officers observe and hear when they arrive. Their decision about who to arrest becomes part of your permanent record and launches a series of legal consequences that can affect your employment, housing, and future relationships.
Indiana law defines domestic battery and sets penalties that can range from misdemeanors to serious felonies depending on the circumstances.
What starts as a verbal disagreement spirals into shoving, grabbing, or slapping. Maybe your partner blocked the doorway when you tried to leave, and you pushed them out of the way. Maybe they grabbed your phone and you grabbed it back, leaving marks on their wrist. These seemingly minor physical contacts can result in domestic battery charges.
Your partner became aggressive first. You defended yourself by pushing them away or restraining them. When police arrive, you both have injuries. Officers might arrest you instead of your partner because you’re larger, because your partner’s injuries appear more severe, or because your partner told a more convincing story about what happened.
Your partner hit you. After the initial attack ended, you hit them back out of anger or retaliation. Even though they struck first, you might be arrested because your actions were retaliatory rather than defensive. Indiana law recognizes self-defense, but only when force is necessary to protect yourself from imminent harm. Once the threat has passed, hitting back becomes a separate act of battery.
Intoxication doesn’t cause domestic violence, but it can lower inhibitions and escalate conflicts. When substances are involved, fights can become more physical, injuries more severe, and stories more confused. Officers responding to these situations often face two highly emotional, intoxicated people with different versions of events.
When you tell police “we were both fighting,” you’re essentially confessing to committing battery. The prosecutor only needs to prove you touched your partner in a rude, insolent, or angry manner, and your admission provides exactly what they need for a conviction. The fact that your partner also hit you doesn’t cancel out your actions under Indiana law.
Indiana prosecutors can proceed with domestic violence charges even if the alleged victim doesn’t want to participate. Officers’ observations, medical records, photographs of injuries, 911 recordings, and your own statements can provide sufficient evidence for conviction without the victim’s testimony. Each person’s actions are evaluated separately, so if you both committed battery, you can both face charges..
The moment handcuffs click shut, your life begins to change. An emergency protective order typically goes into effect immediately, prohibiting you from contacting your partner or returning to your shared home, even if you both want contact. This order remains in place regardless of your partner’s wishes, separating you from your home, belongings, and possibly your children.
You’ll spend time in jail until you can post bond or appear before a judge. Some Indiana counties impose a hold period before you can be released on domestic battery charges, though procedures vary by location. Your employer receives no call explaining why you didn’t show up for work, your family may not know where you are, and the arrest becomes public record available to anyone who searches your name online.
If you live with your partner, the protective order means finding somewhere else to stay. You can’t simply meet up with your partner to get your clothes or medications. You must arrange supervised exchanges through third parties or law enforcement. Violating the protective order by contacting your partner, even if they initiate contact, results in new criminal charges.
Just because you were arrested doesn’t mean you’re guilty. Several defenses may apply to your situation, and an attorney can evaluate which strategies give you the best chance of a favorable outcome.
Some people arrested for domestic battery worry about their partner facing charges too. Whether prosecutors charge your partner depends on the evidence, the severity of their actions, and their history of violence.
In some cases, both parties are arrested and charged separately. Each person’s case proceeds independently, with separate hearings and potentially different outcomes. More commonly, police identify one person as the primary aggressor and arrest only that individual.
If your partner was defending themselves against your attack, they likely won’t face charges. Indiana law specifically provides that officers should arrest the primary aggressor, not someone acting reasonably to protect or defend themselves or another family member from domestic violence.
Your attorney cannot represent both you and your partner if you were both involved in the incident. Conflicts of interest prevent an attorney from representing people whose interests may diverge. You each need separate legal representation to protect your individual rights.
A domestic battery conviction follows you long after you serve any jail sentence or complete probation. Many employers conduct criminal background checks, and a domestic violence conviction raises red flags about your judgment, self-control, and ability to work with others. Positions requiring professional licenses, security clearances, or work with vulnerable populations become extremely difficult to obtain.
If you have children with your partner, family courts take domestic violence allegations seriously. Judges may restrict your parenting time, require supervised visitation, or factor the incident into custody and support decisions. Even if criminal charges are eventually dismissed, the arrest and allegations may still influence family court proceedings.
Gun ownership becomes complicated or impossible after a domestic violence conviction. Federal law prohibits people convicted of misdemeanor crimes of domestic violence from possessing firearms. Indiana law imposes additional restrictions. If you hunt, work in law enforcement or security, or simply own guns for home protection, a conviction means surrendering those rights.
Immigration consequences can be severe for non-citizens. Domestic violence convictions qualify as deportable offenses and crimes involving moral turpitude. Green card holders can lose their status. People applying for citizenship may be denied. Even if you’ve lived in the United States for decades, a domestic violence conviction can result in removal proceedings.
The actions you take immediately after arrest can significantly impact your case and its outcome.
Domestic battery cases involve complicated legal issues that most people can’t handle effectively on their own. The intersection of criminal law, protection orders, family law implications, and collateral consequences requires someone who handles these cases regularly and knows how Marion County prosecutors and judges typically approach them.
An experienced attorney can spot defenses and legal issues you wouldn’t recognize. They know which prosecutors are reasonable about negotiating plea agreements and which judges are more favorable to defense arguments. They can file motions to suppress evidence, challenge the admissibility of statements, and cross-examine witnesses effectively.
Attorneys can often negotiate outcomes that aren’t available to defendants representing themselves. Prosecutors offer better plea deals to represented defendants because they know those cases will require more work if they go to trial. Having an attorney also signals that you’re taking the charges seriously and fighting back strategically rather than emotionally.
The difference between a conviction and a dismissal, between jail time and probation, or between a felony and a misdemeanor often comes down to how well your case is handled from the beginning. Once you plead guilty or are convicted after trial, your options for fixing problems become extremely limited.
Can my partner drop the charges against me?
No. In Indiana, domestic battery charges are prosecuted by the state, not by the victim. Once police arrest you and prosecutors file charges, your partner cannot simply drop the case. Prosecutors can proceed even if your partner refuses to cooperate or testifies on your behalf.
What if my partner hits me after I’m released on bond?
Contact law enforcement immediately and document the incident. However, do not fight back or engage physically, as this violates your bond conditions. If your partner is being violent, leave and call 911 from a safe location. Do not use the new incident as an excuse to violate your protective order.
Will I go to jail if convicted?
Jail time is possible but not guaranteed for a first-time Class A misdemeanor domestic battery conviction. Sentences depend on many factors, including the severity of the incident, your criminal history, whether anyone was injured, and your attorney’s ability to present mitigating circumstances. Some defendants receive probation, home detention, or suspended sentences.
How long does the protective order last?
The initial emergency protective order typically lasts until your first court appearance. At that hearing, the judge may extend the order to remain in effect throughout your case. If you’re convicted, the judge can issue a longer-term protective order. If charges are dismissed, the order typically ends.
What if we have children together?
The protective order may include provisions for parenting time exchanges. Courts typically allow contact necessary for child exchanges, often through third-party intermediaries or supervised exchange locations. You’ll need to work with your attorney and possibly the family court to establish a workable arrangement that protects your relationship with your children while complying with the order.
Can I get this arrest removed from my record?
If charges are dismissed or you’re found not guilty, you may be eligible to have the arrest record expunged after waiting one year. If you’re convicted of a misdemeanor, you generally must wait five years before petitioning for expungement. For a Level 6 felony conviction, the waiting period is eight years. Indiana’s expungement laws have specific requirements and deadlines that vary based on the outcome of your case.
What happens at my first court appearance?
Your initial hearing is an arraignment where the judge informs you of the charges, asks how you plead, and addresses bond conditions. This is not the time to explain what happened or argue your case. Simply plead not guilty, comply with any conditions the judge sets, and work with your attorney to prepare your defense for later proceedings.
Should I take a plea deal or go to trial?
This decision depends entirely on the specific facts of your case, the strength of the evidence against you, and what the prosecutor is offering. An attorney can evaluate whether the state has a strong case, whether viable defenses exist, and whether the plea offer is reasonable given the circumstances. Never accept a plea deal without fully understanding the consequences and exploring all options.
Being arrested for domestic battery when you feel you weren’t the only one at fault leaves you confused, angry, and scared about your future. You’re facing criminal charges that could affect your job, your housing, your relationship with your children, and your freedom. You need someone on your side who knows how to fight these charges and protect your rights.
At Razumich & Associates, PLLC, we’ve helped countless Indianapolis residents fight domestic battery charges and achieve favorable outcomes. We know how Marion County prosecutors handle these cases, what defenses work in Indiana courts, and how to build the strongest possible case for you.
Don’t wait to get help. The decisions you make in the days immediately following your arrest can determine whether you face conviction or dismissal. Contact us today to schedule a free consultation and start building your defense. Your future is too important to leave to chance.
