What Is Considered Domestic Battery in Indiana?

Domestic violence charges differ from state to state, but in Indiana, it includes any violent act that’s directed toward any intimate partner. “Intimate partners” can include spouses, ex-spouses, or a couple living together as partners or with a child. Indiana also includes same-sex couples who are living together in its definition.

The charge of domestic battery stems from the above description, but to be charged as a crime, one partner must knowingly or intentionally touch the other party, who is;

  • A current or ex-spouse.
  • Is or was living together in a “spousal” relationship.
  • Has a child while living with a partner.
  • Rude or angry with their partner, ultimately resulting in bodily injury to the other person.

Domestic battery is usually a Class A misdemeanor in Indiana, but of course, if there are other mitigating factors or the crime is severe, different charges may be filed. If this is not the first offense or even a previous unrelated charge, you may be charged with a Class D felony.

Many actions you may deem insignificant can result in a domestic violence charge, such as;

  • Invasion of your partner’s privacy.
  • Stalking or intimidation of many types.
  • Harassment or unwilling confinement.
  • Uninvited entry into your partner’s residence or trespass.
  • Types of property crimes such as theft or criminal mischief.

Any domestic violence charge can be raised to a domestic battery charge if any touching or physical contact is made. Both domestic violence and domestic battery are severe charges in Indiana and, depending on the specific circumstances, can even result in life-changing consequences. If you are charged with either crime, the immediate intervention of a skilled and professional Indiana domestic violence lawyer is mandatory to protect your rights and your freedom.

If I’m Charged With Domestic Battery, Can I Expect a “No Contact” Order To Be Filed?

In many cases involving domestic violence, and especially domestic battery, a “no contact order” will be requested by the state prosecutor and filed by the Indiana court. These “no contact orders” are usually issued at the judge’s discretion after they have analyzed the details of the domestic battery case.  

Additionally, if you’re charged with domestic battery, a no-contact order may be filed as a condition of receiving bail, bond, or probation. If you violate a no-contact order, your bond could be revoked, and you may immediately go to jail.

No-contact orders explicitly mandate that you refrain from making direct or indirect contact with or within sight of the person the order protects.

You cannot be near their residence, workplace, or school. Under the no-contact order, you must note that “direct contact” is defined as being in view of the protected person. These orders also include contact such as calling, texting, emailing, writing, or sending the person messages using any digital platform.

Suppose you are charged with domestic battery, which is usually always considered a violent crime, and released on bail without holding a bail hearing in court. In that case, the court usually automatically issues a no-contact order enforced for ten days or until your initial court hearing.

When your initial hearing before the court takes place, the judge will decide if the order will remain in place.

Your experienced and thorough Indiana domestic violence lawyer will explain the details and severe nature of these no-contact orders. Also, you may face additional and severe charges if you violate the no-contest order in any manner.

If I’m Charged with Domestic Battery, What Critical Steps Should I Take?

Whether you’re facing a domestic violence or battery charge, either one can impose severe and long-lasting consequences on your life, your career, and your family relationships.

However, there are some immediate things to remember when you’re charged. Some examples of how you can immediately begin to help yourself are;

  • You have the right to remain silent; use that right – Domestic battery charges almost always result in highly charged emotions and the urge to defend yourself and tell your side of the story verbally; never take this action. Anything you say or do on the scene can and will be used against you.
  • If a no-contact order is issued, abide by it – Go over it carefully with your skilled, empathetic, and detail-oriented domestic violence lawyer. Ensure you fully understand the extent of the no-contact order and never disregard it. Violating your no-contact order will often lead to more criminal charges and the revocation of your bond.
  • Immediately obtain the advice and guidance of an experienced Indiana criminal defense lawyer – Navigating no-contest orders and domestic battery charges is always challenging, and the stakes are high. Your skilled criminal defense lawyer, well-versed in these matters, will be your most valuable ally during this critical time.

In Indiana, Are No-Contact Orders the Same As a Restraining Order?

The simple answer is no. A no-contact order significantly differs from an Indian restraining order. The Indiana court issues no-contact orders because of criminal proceedings. A restraining order (aka protection order) is an injunction issued by a civil, not a criminal, court. This is commonly done at the victim’s request.

The Indiana Civil Protection Order Act (ICPOA) thoroughly explains the procedures and requirements for filing a protective order, who can ask for one, and why the order may be needed.
A protective order may seem to stem from similar actions that demand a no-contact order, but the penalties differ widely. If you’re confused about these orders, speaking with your domestic violence lawyer will clear up any questions you may have.

I Need More Information About a No-Contact Order; How Should I Proceed?

First, you must note the seriousness of the situation if you are charged with domestic battery, especially the consequences you may face. These charges are highly challenging, and understanding the full extent of the ramifications you face and the specifics of your no-contact order is critical to retaining your freedom.

The Indiana law firm of Beeman Heifner Benge P.A. is well-versed in the challenging intricacies of these dire charges and resulting no-contest orders. Be aware that you are in severe legal trouble, and the services of a well-known, caring, empathetic, and knowledgeable domestic violence law team are mandatory.

Call them immediately at 765-234-8024 for a free consultation on your case, and they will provide the personalized and in-depth information and service you need at this critical time in your life.