Domestic Violence Charges in Indiana: Defenses & Legal Options

Introduction: Understanding Domestic Violence Charges in Indiana

Being charged with domestic violence in Indiana is a serious legal matter that can lead to jail time, fines, protective orders, and a permanent criminal record. Even if the alleged victim wants to drop the charges, Indiana prosecutors can still pursue the case.

If you are facing domestic violence charges, it’s crucial to understand:
✔ How Indiana law defines domestic violence
✔ The potential penalties and consequences
✔ Common defenses that could help your case
✔ Legal options for fighting or reducing charges

📞 Charged with domestic violence? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

What Is Considered Domestic Violence in Indiana?

Under Indiana Code § 35-42-2-1.3, domestic violence is defined as any act of physical harm or threats of harm against a family or household member. This can include:

🚨 Domestic Battery – Physical harm or offensive contact against a spouse, ex-spouse, co-parent, or live-in partner.
🚨 Criminal Confinement – Restricting a partner’s movement against their will.
🚨 Intimidation or Threats – Verbal threats of harm.
🚨 Strangulation – Choking or restricting someone’s breathing.
🚨 Violating a Protective Order – Contacting someone after a restraining order is in place.

📌 TIP: Domestic violence does not have to involve physical harm—verbal threats and intimidation can also lead to criminal charges.

Can Domestic Violence Charges Be Dropped in Indiana?

No. In Indiana, domestic violence cases are prosecuted by the state, not the alleged victim. Even if the accuser wants to drop charges, the prosecutor can continue pursuing the case.

👩‍⚖️ Why? Prosecutors believe that some victims may feel pressured to recant their statements. As a result, once charges are filed, they are difficult to dismiss.

Penalties for Domestic Violence in Indiana

The severity of penalties depends on the type of charge and whether the accused has prior convictions.

Misdemeanor Domestic Violence Charges

✅ Domestic Battery (First Offense) – Class A Misdemeanor

• Penalty: Up to 1 year in jail and $5,000 in fines

Felony Domestic Violence Charges

🚨 Domestic Battery (With a Prior Conviction) – Level 6 Felony

• Penalty: 6 months to 2.5 years in prison

🚨 Domestic Battery (Causing Moderate Injury or in Front of a Child) – Level 5 Felony

• Penalty: 1 to 6 years in prison

🚨 Strangulation – Level 6 Felony

• Penalty: 6 months to 2.5 years in prison

🚨 Serious Bodily Injury or Use of a Weapon – Level 3 or 2 Felony

• Penalty: 3 to 30 years in prison

📌 TIP: A domestic violence conviction can result in loss of firearm rights, difficulty finding employment, and challenges in child custody cases.

Legal Defenses for Domestic Violence Charges in Indiana

If you’ve been accused of domestic violence, you have legal options. Possible defenses include:

1. False Allegations

❌ Accusers sometimes make false domestic violence claims due to:
✔ Divorce or custody disputes
✔ Revenge or personal conflicts
✔ To gain control over financial assets

📌 TIP: Your attorney can use text messages, witness statements, and inconsistencies in police reports to challenge false allegations.

2. Self-Defense or Defense of Others

If you acted to protect yourself or someone else, your attorney can argue self-defense. You must prove:
✔ The accuser was the initial aggressor
✔ You used reasonable force to protect yourself
✔ You had no option to escape

3. Lack of Evidence

👩‍⚖️ Prosecutors must prove beyond a reasonable doubt that the crime occurred. If there is:
✔ No physical evidence (injuries, marks, bruises)
✔ No credible witnesses
✔ Conflicting statements from the accuser

Your attorney can argue for a dismissal due to lack of proof.

4. Police Misconduct or Violations of Rights

If the police:
🚨 Failed to read you your Miranda rights
🚨 Made an unlawful arrest without probable cause
🚨 Pressured the accuser into making a statement

Your attorney may be able to get evidence thrown out or have the charges reduced.

📞 Facing domestic violence charges? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

How a Domestic Violence Attorney Can Help

⚖ Why hiring an experienced attorney is critical:

✔ Negotiate to get charges dismissed or reduced
✔ Argue for pretrial diversion or probation instead of jail
✔ Gather evidence to prove false accusations
✔ Defend your rights in court

📌 TIP: Do NOT contact the accuser or try to “clear things up.” This could result in additional charges for violating a protective order.

📞 If you’ve been accused of domestic violence, call Vining Legal LLC today at (317) 759-3225 or schedule a consultation.

Conclusion: Protect Your Rights & Future

Domestic violence charges in Indiana carry serious consequences, including jail time, fines, and loss of firearm rights. Even if the accuser wants to drop charges, prosecutors may still pursue the case.

✔ Know your legal options
✔ Work with an experienced domestic violence defense attorney
✔ Act quickly to protect your record and reputation

📞 Need legal help? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

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