Domestic Battery is a serious criminal offense that can have significant legal and personal consequences. In Indiana, Domestic Battery involves a battery against a family or household member and is treated differently from other Battery cases. Understanding the legal implications and potential penalties of a Domestic Battery conviction in Indiana is crucial.

In this article, we’ll provide an overview of the laws regarding Domestic Battery in Indiana, including the definitions, penalties, and common defenses, to help you better understand this area of the law. Specifically, we are going to try to answer the following questions:

1. What is Domestic Battery in Indiana?
2. Who is considered a family or household member under Indiana’s Domestic Battery Laws?
3. What are the Levels of Charges for Domestic Battery in Indiana?
4. What are the Potential Penalties for a Conviction for Domestic Battery in Indiana?
5. Do you lose your Gun Rights following a Domestic Battery conviction in Indiana?;
6. Is It Possible to Restore Gun Rights After a Domestic Battery Conviction? and
7. What are some Potential Defenses to Domestic Battery Charges in Indiana?

While we are going to examine the Indiana Domestic Battery laws and some potential defenses to these charges, this article is meant to be a brief overview of the law for charges of Domestic Battery in Indiana.  It is NOT a substitute for the advice of an experienced Indiana Domestic Violence Lawyer.

If you are facing charges for domestic battery in Indiana, we recommend you speak to an Indiana Domestic Violence Lawyer about the Indiana Domestic Battery Laws and the specifics of your case.

What is Domestic Battery in Indiana?

Let’s start with the statute on Domestic Battery in Indiana.  I.C. 35-42-2-1.3 states that a person who knowingly or intentionally:

(1) touches a family or household member in a rude, insolent, or angry manner; or

(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;

commits domestic battery, a Class A misdemeanor.

Who is considered a family or household member under Indiana’s Domestic Battery Laws?

Domestic Battery involves the same elements as regular Battery, with one very important distinction: it involves Battery against a family or household member. So, who is considered a family or household member under Indiana Domestic Battery Law?

According to I.C. 35-31.5-2-128: the following individuals are considered “family or household members” for purposed of domestic violence:

(a) An individual is a “family or household member” of another person if the individual:

(1) is a current or former spouse of the other person;

(2) is dating or has dated the other person;

(3) is or was engaged in a sexual relationship with the other person;

(4) is related by blood or adoption to the other person;

(5) is or was related by marriage to the other person;

(6) has or previously had an established legal relationship:

(A) as a guardian of the other person;

(B) as a ward of the other person;

(C) as a custodian of the other person;

(D) as a foster parent of the other person; or

(E) in a capacity with respect to the other person similar to those listed in clauses (A) through (D); or

(7) has a child in common with the other person.

 (b) An individual is a “family or household member” of both persons to whom subsection (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) applies if the individual is a minor child of one (1) of the persons.

 What are the Levels of Charges for Domestic Battery in Indiana?

 Domestic Battery in Indiana can be charged as a Class A Misdemeanor, a Level 6 Felony, a Level 5 Felony, a Level 4 Felony, a Level 3 Felony, or Level 2 Felony depending on the circumstances.

Class A Misdemeanor Domestic Battery

In Indiana, a standard battery charge is typically classified as a Class B Misdemeanor. However, domestic battery charges begin at a higher level, as a Class A Misdemeanor, due to the nature of the relationship between the accused and the victim. Notably, there is no requirement for bodily injury in cases of Class A Misdemeanor Domestic Battery. As a result, actions such as shoving an ex-partner or engaging in a physical altercation with a sibling during a family event can be considered Domestic Battery if carried out in a rude, insolent, or angry manner. Context plays a significant role in these cases.

Level 6 Felony Domestic Battery

However, the Class A Misdemeanor Domestic Battery can be elevated to a Level 6 felony in one (1) or more of the following apply:

(1) The person who committed the offense has a previous, unrelated conviction:

(A) for a battery offense included in this chapter; or

(B) for a strangulation offense under IC 35-42-2-9.

(2) The person who committed the offense is at least eighteen (18) years of age and committed the offense against a family or household member in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.

(3) The offense results in moderate bodily injury to a family or household member.

(4) The offense is committed against a family or household member who is less than fourteen (14) years of age and is committed by a person at least eighteen (18) years of age.

(5) The offense is committed against a family or household member of any age who has a mental or physical disability and is committed by a person having the care of the family or household member with the mental or physical disability, whether the care is assumed voluntarily or because of a legal obligation.

(6) The offense is committed against a family or household member who is an endangered adult (as defined in IC 12-10-3-2).

Allegations that an alleged domestic battery occurred in the presence of children is one of the most frequent reasons for a domestic battery to be charged as a Level 6 Felony.  There are specific defenses to Domestic Battery regarding the presence of children, so it’s extremely important to contact an Indiana Domestic Violence Lawyer to discuss the specific of your case.

Level 5 Felony Domestic Battery

 Domestic Battery can further be enhanced to a Level 5 Felony if one (1) or more of the following apply:

(1) The offense results in serious bodily injury to a family or household member.

(2) The offense is committed with a deadly weapon against a family or household member.

(3) The offense results in bodily injury to a pregnant family or household member if the person knew of the pregnancy.

(4) The person has a previous conviction for a battery offense included in this chapter against the same family or household member.

(5) The offense results in bodily injury to one (1) or more of the following:

(A) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(B) A family or household member who has a mental or physical disability if the offense is committed by an individual having care of the family or household member with the disability, regardless of whether the care is assumed voluntarily or because of a legal obligation.

(C) A family or household member who is an endangered adult (as defined in IC 12-10-3-2).

Level 4 Felony Domestic Battery

The consequences and punishments for Domestic Battery in Indiana increase as the severity of the injuries increase. You can be charged with a Level 4 Felony if it results in serious bodily injury to a family or household member who is an endangered adult.

Level 3 Felony Domestic Battery

You could be charged with a Level 3 Felony if a Domestic Battery results in serious bodily injury to a family or household member who is less than fourteen (14) years of age if the offense is committed by a person of at least eighteen (18) years of age.

Level 2 Felony Domestic Battery 

Finally, you can be charged with a Level 2 Felony if it results in the death of one (1) or more of the following:

(1) A family or household member who is less than fourteen (14) years of age if the offense is committed by a person at least eighteen (18) years of age.

(2) A family or household member who is an endangered adult.

What are the Potential Penalties for a Conviction for Domestic Battery in Indiana?

Below are the possible sentence ranges for a Domestic Battery conviction in Indiana:

Level/Class	Sentences (Min. – Max.)	Advisory Sentence	Potential Fine
Level 2 Felony	10 – 30 Years	17.5 Years	$0 – $10,000
Level 3 Felony	3 – 16 Years	9 Years	$0 – $10,000
Level 4 Felony	2 – 12 Years	6 Years	$0 – $10,000
Level 5 Felony	1 – 6 Years	3 years	$0 – $10,000
Level 6 Felony	6 months – 2.5 years	1 year	$0 – $10,000
Class A Misdemeanor	0 days – 1year		$0 – $5,000

Do you lose your Gun Rights following a Domestic Battery conviction in Indiana?

Yes.  A conviction for domestic battery in Indiana acts a prohibitor to owning or possessing a firearm under both Federal and Indiana law, as explained in further detail below.

Federal Law

The Lautenberg Amendment, also known as the Domestic Violence Offender Gun Ban or the Gun Control Act of 1968, is a U.S. federal law enacted in 1996. Sponsored by Senator Frank Lautenberg, the amendment prohibits individuals convicted of misdemeanor domestic violence offenses from possessing or purchasing firearms and ammunition. The Lautenberg Amendment was intended to close a loophole in the existing federal gun control laws. Prior to its passage, individuals convicted of felony domestic violence offenses were already prohibited from possessing firearms. However, those convicted of misdemeanor domestic violence offenses were still able to own and purchase guns. The Lautenberg Amendment addressed this issue by extending the firearms ban to include those convicted of misdemeanor domestic violence offenses.

Indiana Law

In addition to Federal Law, Under Indiana Code 35-47-4-6-, a person convicted of domestic battery (whether misdemeanor or felony) is also prohibited from possessing a firearm. Violation of the statute constitutes a Class A misdemeanor.

Is It Possible to Restore Gun Rights After a Domestic Battery Conviction?

Yes.  But in order to restore the right to own or possess a firearm or be licensed to carry a firearm in Indiana, you must first determine the reason(s) you are prohibited from owning, possessing, or being licensed to carry a firearm in Indiana.  Then depending on the reason, you may have to complete one, or all, of the following:

1. Petition the Court for Restoration of Rights to Possess a Firearm;
2. Petition the Court for Expungement of Conviction Records; and/or
3. Petition the Court for Return of Firearm After Hearing.

If convicted of domestic battery in Indiana (either misdemeanor or felony domestic battery) the restoration of the right to possess a firearm is governed by Indiana Code 35-47-4-7.  That statute explains that five (5) years after the date of conviction, a person convicted of a crime of domestic violence may petition the court for restoration of the person’s right to possess a firearm.

The Court may or may not hold a hearing on the issue to determine if that person is still a threat to the victim of the domestic violence conviction. It is very important you speak to a qualified attorney to discuss the type of evidence needed to present to the Court and to put in the Petition.  Each case is different, and you should discuss the specifics of your case with an attorney.  If the Court denies the petition, the person must wait one (1) year before filing again.

However, even if an Indiana Court approves the Petition to Restore firearm rights, that may not be the end of the story.  If that person also has a conviction for any felony, including the domestic violence conviction, then they must also file a petition to expunge their felony conviction.  It is important to note that expungement of a domestic violence conviction in Indiana, whether misdemeanor or felony, does not retore firearm rights.  You must file a Petition to Restore firearm rights as well, preferably first.

If you would like to know more about gun rights and how to restore them, please see our article on the Indiana Gun Laws for Felons and Others.

If you would like to know more about expungement of your domestic battery or other conviciton, please contact us at Indiana Expungement Lawyer.

What are some Potential Defenses to Domestic Battery Charges? 

 There are several potential defenses to charges of domestic battery in Indiana.  However, each case is different, and it is important you speak to a qualified Indiana Domestic Violence Lawyer regarding the specific facts of your case.  Some potential defenses include the following:

1. Self-defense: If you can demonstrate that you used force to protect yourself from an imminent threat of bodily harm or violence, self-defense may be a valid defense. It is important to show that the force used was reasonable and necessary given the circumstances.
2. Defense of others: Similar to self-defense, this defense applies when you used force to protect another person from imminent bodily harm or violence. The force used must be reasonable and necessary under the circumstances.
3. False accusation: If you can provide evidence that the allegations against you are false, this may serve as a defense. This could include witness testimony, video or audio recordings, or other evidence that contradicts the accuser’s claims.
4. Lack of intent: Domestic battery charges often require proof that the defendant acted intentionally or knowingly. If you can demonstrate that your actions were accidental or lacked the required intent, you may have a valid defense.
5. Insufficient evidence: The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient evidence to support the allegations against you, including lack of witnesses to testify against you, your attorney may argue for dismissal or acquittal.
6. Consent: In some rare cases, consent may be a viable defense, especially in situations where the contact was part of a mutually agreed-upon activity (e.g., sports or roughhousing). However, this defense may not apply to cases involving serious injury or unlawful conduct.
7. Alibi: If you can prove that you were elsewhere at the time of the alleged incident and could not have committed the crime, this may serve as a defense.

CALL NOW AND SCHEDULE A FREE CONSULTAITON WITH AN INDIANA DOMESTIC VIOLENCE LAWYER TODAY!

While this article provides a brief overview of laws regarding Domestic Battery in Indiana, it is important to note that there are many nuances and complexities that cannot be fully expressed in any article. Therefore, this article should NOT be considered a substitute for seeking the guidance of a qualified attorney. Every Domestic Battery case is unique and requires a tailored defense strategy based on the specific facts and circumstances involved. To get the best possible outcome in your case, it’s crucial to speak with an experienced Indiana Domestic Violence Lawyer who can analyze the details of your case and provide you with a personalized legal strategy.

Avnet Law understands the issues, the law, and can advise you on how to defend yourself against a Domestic Battery charge. Avent Law represents clients throughout Central Indiana, including Noblesville, Carmel, Fishers, Westfield, and Indianapolis.

Call 1-877-77-AVNET to Schedule a Free Consultation with an Indiana Domestic Violence Lawyer today or contact us below with any questions you may have about your rights.

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