Indiana law treats battery charges differently when the people involved share a family, dating or other qualifying relationship. These cases can lead to additional penalties and court orders. Understanding which relationships qualify can help explain how domestic battery charges work.
What relationships qualify under domestic battery law?
Indiana law recognizes several types of qualifying relationships. These include current or former spouses, current or former dating partners, people who have or had a sexual relationship, relatives by blood or adoption, relatives by marriage and people who share a child.
Certain legal relationships may also qualify. These include guardian and ward, custodian and child and foster parent and child. Living together is not, by itself, enough to establish a qualifying relationship. Dating partners do not need to have lived together to fall under this law.
The law focuses on the relationship between the people involved. It does not require marriage or a shared home for every qualifying relationship.
How does the domestic label affect charges?
Domestic battery is generally a Class A misdemeanor in Indiana. However, certain circumstances can raise the charge to a felony.
A Level 6 felony may apply when the accused has a qualifying prior battery or strangulation conviction. It may also apply when the offense causes moderate bodily injury. Another reason is when an adult commits domestic battery against a family or household member in the physical presence of a child under 16. The adult must know that the child is present and might be able to see or hear the offense.
Serious bodily injury can raise the charge to a Level 5 felony. Other factors may lead to higher felony charges. The exact classification depends on the facts and the law that applies.
Courts may also issue protective or no-contact orders. These orders can limit contact with the other person and affect living arrangements and family matters, including child custody.
Finding clarity in complex situations
A domestic battery charge can affect your freedom, family life and future. Understanding the charge and its possible consequences is an important first step.
An attorney who handles criminal defense cases can review the facts, explain your legal options and help you prepare for the next steps.