Indiana Family Law on Domestic Violence

Domestic violence crimes hit close to home. Given the close relationship between those involved, whole families can suffer from the abusive acts. Not only aren’t children spared, but they are also often victims as well. Domestic violence offenses do damage in ways few other crimes can.

When it comes to Indiana family law on domestic violence, there’s a lot to know. We’ve provided answers to popular questions about family violence and how it relates to divorce and child custody in Indiana. If you’d prefer a more traditional approach, FindLaw’s Indiana Domestic Violence Laws page has what you need.

Isn’t Domestic Violence a Husband Assaulting His Wife?

Physical abuse is a type of domestic violence, but far from the only one. Indiana‘s definition of domestic violence differs a little from the norm. Almost all states consider a crime as domestic violence when people in certain personal relationships have one of a set of specified abusive acts occur between them.

Indiana follows this classification but expands on it. Any offense involving either stalking or a sex crime is domestic violence in Indiana. The relationship between the participants doesn’t matter. This means that more victims have access to domestic violence protections and programs.

Who Can Be Involved in Domestic Violence and What Are the Crimes?

Let’s take the crimes first. The following abusive acts are eligible for domestic violence classification if they occur between people in specified personal relationships:

• Causing physical harm
• Attempting to cause physical harm
• Threatening to cause physical harm
• Using threats, force, or duress to cause someone to engage in any sexual acts against their will
• Abusing, torturing, mutilating, or killing a vertebrate animal without justification to coerce, threaten, harass, terrorize, or intimidate
• Causing fear of physical harm

As mentioned, the following two crimes do not require a personal relationship between victim and abuser. They are always domestic violence crimes in Indiana:

• Stalking
• Sexual offenses that include rape, sexual battery, and sexual assault

Aside from stalking and sex crimes, abusive acts require the participants to fall under the Indiana definition of family members and household members. The required relationships are:

• Spouses
• Former spouses
• People in an intimate relationship
• People who had a sexual relationship with one another
• People with a child in common
• People who are dating
• People who dated each other
• Related by adoption
• Related by consanguinity (blood relatives)
• Related by marriage (in-laws)
• A legal relationship as a custodian, foster parent, guardian, or ward
• A minor child of any of the people in one of the relationships listed

Under Indiana family law, a person threatening to assault a stranger is a crime, but not domestic violence. A lover threatening to assault their partner is domestic violence.

I Feel Like My Abuser Is Going To Assault Me Again Soon. What Can I Do?

Call 911. It sounds simple, but whenever you’re suffering abuse or are in imminent fear of it happening, you should call the police. Law enforcement in Indiana receives special training for domestic violence cases. They can arrest the abuser with good cause and confiscate all firearms.

Am I Better Off Running Away From My Abuser and Finding a Shelter?

Every toxic relationship is different, so there’s no one-size-fits-all answer. Knowing where to go and what to do is often a better idea than just winging it. Developing a safety plan, with important numbers, accounts, and locations, can make a big difference.

There are organizations ready to help you on both the national and state level. Keep in mind that your browser history is searchable. Be as careful as possible.

What Difference Does a Crime Being Classified as Domestic Violence Make?

Domestic violence classification matters in a couple of ways. A crime involving domestic violence has enhanced penalties. For example, simple battery is a Class B misdemeanor in Indiana. Domestic battery is a Class A misdemeanor. Victims of domestic violence also gain access to a variety of programs, including orders for protection.

I Want My Abuser Out of My Life. Is There Any Way To Keep Them Away From Me?

One of the strongest tools an Indiana domestic violence victim has is an order for protection. These civil protection orders consist of provisions designed to stop abuse and control of victims. Available in both emergency temporary and final versions, these restraining orders dictate what an abuser can and cannot do with regard to their victim.

Protective orders can contain no-contact provisions, housing decisions, temporary child custody directives, conditions banning the abuser from possessing firearms, and much more. Each order is tailored to the needs of a case. Final orders last up to two years and are renewable.

There are several different types of protective orders available in Indiana. FindLaw’s Indiana Protective Orders Laws article will explain what each one does, which one is right for you, and how you get it.

I’m Taking the Kids To Visit My Mother, Who Lives in Another State. Is My Order for Protection Still Good?

Orders issued in Indiana stay in effect no matter what state you go to. They’re enforced under federal law through the Violence Against Women Act (VAWA). You’re also covered on tribal reservations and all U.S. territories as well.

Most states enforce out-of-state orders on their own. Indiana is no exception. Referred to as “foreign orders,” they receive full coverage.

I Think I Saw My Abuser in My Driveway. My Order for Protection States That They Have To Stay Away From My Residence and Have No Contact With Me. What Now?

Call law enforcement and report the violation. Threatening to violate an Indiana protection order is also a violation and can lead to arrest. Violation of an order for protection is considered invasion of privacy in Indiana. Even a single violation can invoke jail time.

Violation penalties are in addition to any sentences for crimes committed during the transgression. If the abuser chooses to ignore a protection order, they face the following:

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

While law enforcement has access to your order through a central registry, it’s a good idea to make sure they have a copy on file at your local police station. Keep a copy in your possession as well, or get a Hope Card.

I’m Worried My Spouse Is Going To Get Violent During the Divorce Process. What Options Do I Have?

If the threat of domestic violence exists during your divorce or separation, you can take steps to protect yourself. You can request an ex parte protective order from the court. Ex parte means the court won’t speak to your spouse before issuing the order. A provision limiting contact through your spouse’s attorney is common for this type of order.

Will a Family Violence Charge Affect a Custody Hearing?

There’s little doubt that it would. When it comes to custody, courts are guided by the concept of acting in the best interests of the child. Being with an abusive parent or having to view acts of domestic violence isn’t optimal. If a pattern of domestic violence is established, the court will act to protect the child.

The court has the right to set conditions for parenting time. If the abuser is the noncustodial parent, the court can dictate supervised visitation for between one and two years. In extreme cases, the court can deny visitation.

Legal Fees, Medical Bills, Missed Work – Dealing With My Abuser Is Costing Me a Fortune. Can I Make Them Pay?

There’s more than one way to recover expenses caused by an abuser. The court can put provisions in an order of protection that require the abuser pay for things such as attorney’s fees, spousal support, rent or mortgage, and temporary child support.

You can also sue your abuser in civil court to recover damages for pain and suffering, lost wages, and medical expenses. Amounts under $10,000 are handled in the Indiana Small Claims division of the Superior Court. More than $10,000 is handled in civil court. If you decide to seek relief through the court, it’s a good idea to speak with a civil litigation attorney.

Indiana Family Law on Domestic Violence: Summary and Review

There’s a lot to know about domestic violence under family law in Indiana. Below find a table containing a recap of what you’ve learned and links to important codes.

Note: Indiana state laws can change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an Indiana family law attorney or conduct legal research to verify Indiana state law(s).

Indiana Family Law on Domestic Violence Laws: Related Resources

• National Domestic Violence Hotline 1-800-799-SAFE (7233)
• Indiana Court Directory
• Indiana Coalition Against Domestic Violence
• Domestic Violence FAQ
• Indiana Child Custody Laws

Dealing With Domestic Violence Under Family Law in Indiana? An Attorney Can Help

Nobody should face abuse. If you’ve suffered a serious bodily injury or strangulation from a batterer or other abuser, call 911. Once you’re out of immediate danger, consult an Indiana domestic violence attorney for help. Let your well-being be their focus as you seek a life without domestic abuse.

If you’re facing criminal charges for acts of violence with a deadly weapon or any other type of domestic violence conviction, speak to an Indiana criminal defense attorney. Their legal advice can make a huge difference.