Domestic violence charges in Indiana range from a Class A misdemeanor up to a Level 2 felony, and even the lowest-level conviction triggers a lifetime federal ban on possessing firearms. Police can arrest without a warrant on probable cause, the court holds the accused for at least 24 hours before any bail hearing, and Indiana’s definition of “family or household member” reaches well beyond spouses to dating partners, exes, relatives, co-parents, and others.
Who Counts as a Family or Household Member
The domestic label attaches only when the people involved have a specific relationship. Indiana defines a “family or household member” to include current and former spouses, people who are dating or have dated, people who have had a sexual relationship, blood relatives, relatives by marriage, and people who share a child in common. Guardians, wards, custodians, and foster parents are included, as are the minor children of anyone in one of these relationships.1Indiana General Assembly. Indiana Code 35-31.5-2-128 – Family or Household Member
If the relationship doesn’t fit one of these categories, the same conduct is charged as ordinary battery rather than domestic battery. The relationship also decides whether penalty enhancements apply and whether the victim can seek a domestic violence protective order.
What Happens After the Call
Officers responding to a domestic violence call must use all reasonable means to prevent further violence. That includes moving the victim and children to a safe place, helping the victim collect essentials like medication and clothing, and handing over written notice of the victim’s legal rights.2Indiana General Assembly. Indiana Code 35-33-1-1.5 – Crime Involving Domestic or Family Violence; Duties of Law Enforcement Officers; Confiscation of Firearm, Ammunition, or Deadly Weapon
An officer with probable cause to believe domestic battery occurred can arrest the suspect without a warrant.3Indiana General Assembly. Indiana Code 35-33-1-1 – Law Enforcement Officer Probable cause usually comes from visible injuries, physical evidence, witness statements, or the victim’s account. The victim does not need to “press charges” for the arrest to happen; the decision belongs to the officer and the prosecutor. Officers can also confiscate any firearm or deadly weapon at the scene if they believe domestic violence occurred and the weapon poses an immediate risk or was used in the offense.2Indiana General Assembly. Indiana Code 35-33-1-1.5 – Crime Involving Domestic or Family Violence; Duties of Law Enforcement Officers; Confiscation of Firearm, Ammunition, or Deadly Weapon
The 24-Hour Hold
The court cannot release the arrested person on bail for at least 24 hours. The mandatory hold applies to a long list of offenses committed against a family or household member, including domestic battery, aggravated battery, strangulation, sexual battery, stalking, and criminal confinement. Before any release, the court must hold a bail hearing in open court.4Indiana General Assembly. Indiana Code 35-33-8-6.5 – Twenty-Four Hour Bail Holding Period for Person Arrested for Certain Domestic Violence Crimes
The Charges and How Penalties Escalate
The most common charge is domestic battery. The base offense is knowingly or intentionally touching a family or household member in a rude, angry, or offensive manner. Bodily injury is not required at the base level. Unwanted physical contact done with the right state of mind can be enough on its own.
Class A Misdemeanor
Simple domestic battery without aggravating factors is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery6Indiana General Assembly. Indiana Code 35-50-3-2 – Class A Misdemeanor
Level 6 Felony
Domestic battery becomes a Level 6 felony in several situations. The most common trigger is a prior unrelated conviction for any battery or strangulation offense. Other triggers include committing the offense in the physical presence of a child under 16, causing moderate bodily injury, targeting a victim under 14 or a victim with a disability, and committing the offense while a protective order or no-contact order is in effect against the defendant. A Level 6 felony carries six months to two and a half years in prison, with a one-year advisory sentence, plus a possible fine of up to $10,000.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery7Indiana General Assembly. Indiana Code 35-50-2-7 – Level 6 Felony
Level 5 Felony
The charge rises to a Level 5 felony when the conduct is more severe. Situations that reach this level include:
- Serious bodily injury, meaning injuries that create a substantial risk of death or cause permanent disfigurement, loss of a fetus, or loss of function of a body part
- Use of a deadly weapon during the battery
- Bodily injury to a victim the offender knew was pregnant
- A prior battery or strangulation conviction involving the same family or household member
Level 4, 3, and 2 Felonies
Serious bodily injury to an endangered adult is a Level 4 felony. Serious bodily injury to a child under 14, when the offender is at least 18, is a Level 3 felony. If the battery causes the death of a child under 14 or an endangered adult, the offense is a Level 2 felony.5Indiana General Assembly. Indiana Code 35-42-2-1.3 – Domestic Battery
Strangulation as a Separate Offense
Indiana charges strangulation separately from battery. Applying pressure to someone’s throat, neck, or torso, or obstructing their nose or mouth in a way that impedes breathing or blood circulation, is a Level 6 felony. It rises to a Level 5 felony if the victim was pregnant and the offender knew it, or if the offender has a prior strangulation conviction.8Indiana General Assembly. Indiana Code 35-42-2-9 – Strangulation
Protective Orders
A protective order bars the alleged abuser from contacting the victim, entering their home, or coming within a set distance. Any current or former victim of domestic or family violence can file a petition, and a parent or guardian can file on behalf of a child.9Justia. Indiana Code 34-26-5-2 – Persons Eligible to File Petition for Order of Protection Indiana charges no filing fees, service fees, witness fees, or subpoena costs for these proceedings.10Indiana General Assembly. Indiana Code 34-26-5-16 – Fees An online filing system lets victims work with an advocate who prepares and submits the petition electronically.11Indiana Judicial Branch. Getting a Protection Order
When a petition shows that domestic or family violence has occurred, a court can issue an ex parte order immediately, without notifying the accused, to provide temporary protection until a full hearing. At the hearing, the judge decides whether to issue a final order based on a preponderance of the evidence that domestic violence occurred and the respondent is a credible threat. A protective order lasts two years unless the court sets a different date, and extensions are presumed to run two years as well.12Indiana General Assembly. Indiana Code 34-26-5-9 – Ex Parte and Final Orders
Violating a Protective Order
Knowingly violating a protective order is charged as invasion of privacy, a Class A misdemeanor with up to one year in jail and a fine of up to $5,000. It applies to violations of ex parte orders, final protective orders, no-contact orders imposed as bail conditions, and no-contact orders imposed during probation. With a prior unrelated invasion-of-privacy or stalking conviction, the offense becomes a Level 6 felony carrying six months to two and a half years.13Indiana General Assembly. Indiana Code 35-46-1-15.1 – Invasion of Privacy; Offense; Penalties
Consequences That Outlast the Sentence
Lifetime Federal Firearm Ban
Anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited under federal law from possessing firearms or ammunition.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That includes Indiana’s baseline Class A misdemeanor domestic battery. The ban has no expiration and no carve-out for hunting rifles or home defense weapons. Violating it is itself a federal felony. Because the prohibition is federal, Indiana courts cannot waive or modify it; even if a state court restores gun rights for a state-level conviction, the federal ban runs on its own track.15U.S. Marshals Service. Lautenberg Amendment
The practical fallout is heavy. Anyone whose job requires a firearm, including law enforcement, military, and private security, loses that livelihood.
Immigration
Any noncitizen convicted of a crime of domestic violence after admission to the United States is deportable under federal immigration law. The statute reaches any crime of violence against a current or former spouse, cohabitant, co-parent, or anyone protected under domestic violence laws.16Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens A conviction can also block future applications for visas, green cards, and naturalization. A misdemeanor plea can trigger mandatory deportation proceedings, so noncitizens facing charges should consult an immigration attorney before accepting any plea.
Professional Licensing
State licensing boards in fields like healthcare, law, education, and finance ask about criminal history and require disclosure of convictions and pending charges. Failing to disclose can lead to denial even when the underlying conviction might not have been disqualifying on its own. Current license holders can face suspension, probation, or revocation depending on the severity and circumstances. Boards typically weigh whether the offense involved physical harm, whether substance abuse played a role, how recently it occurred, and whether the person completed court-ordered programs.