Indiana Domestic Violence Laws

Also referred to as family violence, acts of domestic violence occur between family and household members. Indiana has laws and protections in place to help victims of domestic violence find safety.

Indiana‘s definition of domestic violence is a bit different than that of most other states, so it’s important to know what it covers. In this article, we’ll explain the exact definition of domestic violence in Indiana, examine available protections and programs, and outline the process of getting a protective order.

Defining Domestic Violence

For the most part, domestic violence occurs when people sharing certain personal relationships have a specified abusive act happen between them. Both elements are required for domestic violence classification.

For example, a husband causing a physical injury to his wife is domestic violence. A person punching someone they don’t know in the face is a crime, but not domestic violence.

The best way to understand domestic violence offenses is to take a closer look at each aspect. Let’s dive in.

Criminal Acts

Domestic violence is about control and power. Abusers use different types of domestic abuse to keep victims living in fear and feeling helpless. The vicious cycle of threats, coercion, abuse, and violence can ruin lives and tear families apart.

Not every abusive crime is eligible to be domestic violence. Under the Indiana Code, offenses under certain categories can qualify as domestic violence if committed between people in certain relationships. These categories are:

• Causing, threatening to cause, or attempting to cause physical harm
• Placing a person in fear of physical harm
• Causing someone to engage in a sexual act against their will via threats, duress, or force
• Abusing, torturing, mutilating, or killing a vertebrate animal without justification to coerce, harass, intimidate, terrorize, or threaten a family member

For example, strangulation is considered causing physical harm. Threatening to strangle a family member or household member is also domestic violence.

For a criminal charge like domestic battery, the act must occur between people in a qualifying relationship. However, Indiana law makes an exception for obtaining a protective order. Victims of stalking and certain sex offenses (like rape or sexual assault) can petition the court for a protective order against the offender, regardless of their relationship. This provides these victims with the same civil protections available to victims of family violence.

Family Members and Household Members

For domestic violence offenses that aren’t stalking or sex offenses, the participants must share a qualifying personal relationship. They can be any of the following:

• Current or former spouses
• People who are dating or have dated (intimate partners)
• People who have a child in common
• People related by blood, adoption, or marriage (such as in-laws)
• People with a legal relationship, like a guardian, ward, legal custodian, or foster parent
• A minor child of anyone in the relationships listed above

If people in one of these relationships have a qualifying criminal act occur between them, it’s domestic violence.

Indiana Domestic Violence Protection Orders

If you’re suffering domestic violence or are in fear of future abuse, call 911 as soon as you can. Indiana law enforcement receives specialized training for handling domestic calls. They’ll secure your safety and inform you of your options.

Indiana protection orders are an option for victims of domestic violence, as well as for victims of stalking and sexual violence, regardless of their relationship to the other person. These civil court orders are designed to keep abusers away from victims. They do this through provisions tailored to each case. While not a perfect form of defense, orders of protection offer an effective means of relief.

How To Get a Protective Order

There are several ways to begin the process of getting an Indiana protection order. The state recommends seeking help from a domestic violence advocate if possible. If not, you can file for a restraining order in a civil court near you or through the Indiana Protection Order E-filing Service Provider. Forms are available online.

The court clerk can help you with the forms, but can’t offer legal advice. If you feel like you need guidance for your orders, speak with a domestic violence attorney.

Once you’ve filed, a judge will review your petition. If the court agrees that you (petitioner) have suffered domestic abuse or are in danger, an ex parte order for protection is issued. This is a temporary restraining order that lasts for 30 days or until the court hearing for a final order of protection takes place. Ex parte means that it’s issued without the court speaking with the abuser (respondent).

The ex parte order is served to the respondent by law enforcement. Never serve an order to your respondent yourself. If you’re served with a protective order, you should speak to a criminal defense attorney as soon as possible.

A case hearing will take place within 30 days of the ex parte order’s issuance. If the respondent opposes the order, both sides present their cases at the court hearing. You can offer evidence and call witnesses. If the petitioner demonstrates that the threat persists, a final order for protection is issued.

A final order for protection can amend conditions from the ex parte order and add new ones. Final protection orders last for up to two years and can be extended. Orders for victims of sexual crimes committed by someone either registered as a sex offender or who has to register as a sex offender after the conviction have no termination date.

What Does a Protective Order Do?

Ex parte orders for protection contain provisions to restrain the respondent and make temporary rulings on issues such as child custody and child support. While protection orders vary between cases, Indiana law ensures certain provisions are available:

• The respondent (abuser) cannot commit further acts of domestic or family violence against the petitioner (victim) or their family
• The respondent cannot threaten to commit further acts of domestic or family violence against the petitioner or their family
• The respondent must not have any contact with the petitioner
• The respondent cannot use a tracking device on the petitioner
• The respondent must vacate a shared dwelling and not return
• The respondent must stay away from the petitioner’s residence, workplace, school, or any other named location
• Awarding possession of any shared animals to the petitioner
• Ordering possession of property, such as a dwelling or an automobile, to the petitioner
• Make rulings on parenting time and necessary conditions
• Order a respondent to pay the petitioner’s legal fees, medical expenses, or other costs
• Prohibit the respondent from possessing any firearms or ammunition
• Set conditions if the petitioner and respondent must occupy the same location (i.e., a workplace)

The court can add any condition it considers necessary for the petitioner’s safety. Conditions in the ex parte order often remain in the final order for protection.

Orders for protection issued in Indiana are good anywhere in the U.S. under federal law. Indiana also recognizes out-of-state protective orders.

An order is most effective when the victim is willing to call law enforcement for any violation or threatened violation. For more information about restraining orders in Indiana, take a look at FindLaw’s Indiana Protective Orders Laws article.

Penalties for Domestic Violence

Having a crime classified as domestic violence affects the penalties involved. Punishments for domestic crimes receive enhancement. For example, a simple battery under Indiana Criminal law is a Class B misdemeanor. Misdemeanor domestic battery is charged as a Class A misdemeanor.

Violations of orders for protection can also lead to jail time. In addition to penalties for conviction of any offenses committed during the violation, the following punishments apply:

• First violation of an order for protection (Class A misdemeanor): A fine of up to $5,000 and up to one year in jail
• Any violation of an order for protection after the first OR any violation with a previous conviction for stalking (Level 6 felony): A fine of up to $10,000 and between six months and 2.5 years in prison

Violating a protective order or no contact order can also be charged as invasion of privacy, a Class A misdemeanor. It is very important to report all protective order violations, including threats.

Other Resources for Survivors

Protective orders are not the only way Indiana helps victims of domestic and family violence. An Indiana Hope Card allows victims to have important information about their protective order on a wallet-sized card. This enables law enforcement to quickly access the details of your order. It’s available for free through Indiana domestic violence advocates.

Leaving an abuser takes tremendous courage. Having a safety plan in place can make the process easier and minimize the risk of danger. Knowing where to go, who to call, and how to access resources and protections can make a huge difference.

Having your abuser find you again after you leave would be a nightmare. Indiana‘s Address Confidentiality Program offers a solution. Participants receive a second legal mailing address for public records. First-class mail is forwarded to the victim’s true address. The ACP is free and available through domestic violence advocates.

Fear of penalties for breaking a lease shouldn’t keep you locked in a toxic situation. Indiana law allows victims to make a legal break of a lease with the following conditions:

• The victim must give the landlord 30 days written notice
• The victim must supply a copy of their order of protection or no-contact order
• The victim must make payment of the pro-rated rent up to their departure date

If the victim wants to stay, they can request that the landlord change the locks. The landlord has 24 hours to get the locks changed. The victim is responsible for reasonable costs for the process.

Related Resources

• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Indiana Coalition Against Domestic Violence
• Domestic Violence FAQ
• Indiana Judicial Branch Family Violence Resources
• Indiana Court Directory

Questions About Domestic Violence Laws in Indiana? Speak to an Attorney

If you’ve suffered a serious bodily injury from a batterer or any other domestic violence crime, it’s time to end the cycle of abuse. Call 911 for immediate assistance and consider speaking with a trained advocate once you’re safe. If you need help escaping your abuser, speak with an Indiana domestic violence attorney. Their expertise can help you find an abuse-free life.

If you’re facing criminal charges or a domestic violence conviction, you’re going to need the help of an Indiana criminal defense lawyer. The domestic violence laws of Indiana are complex, but an attorney who handles domestic violence cases can be your advocate. Don’t face domestic violence charges without one.