Domestic Battery
IC 35-42-2-1.3 · Class A Misdemeanor baseline, scaling to Level 2 Felony — see chart below
Battery committed against a family or household member — a broader category than most people assume. The charge level scales from a Class A Misdemeanor up to a Level 2 Felony based on injury severity, victim status, weapon use, protective orders, and prior convictions.
Definition — "family or household member" (IC 35-31.5-2-128): broader than most people assume
- A current or former spouse
- Someone the suspect is or has dated
- Someone the suspect is or was in a sexual relationship with
- Someone related by blood or adoption
- Someone related by marriage
- A current or former guardian/ward, custodian, foster parent relationship (or similar)
- Someone the suspect shares a child with, even without ever being married or living together
- A minor child of either person can also make both people "family or household members" of each other
Charge level chart
| Circumstance | Charge |
|---|---|
| Touching or bodily fluid/waste, no other factors | Class A Misdemeanor |
| Prior unrelated conviction for battery or strangulation | Level 6 Felony |
| Committed in the physical presence of a child under 16 (suspect 18+, knowing the child was present and might see/hear it) | Level 6 Felony |
| Results in moderate bodily injury | Level 6 Felony |
| Victim is under 14, suspect is 18+ | Level 6 Felony |
| Victim has a mental/physical disability, suspect is their caregiver | Level 6 Felony |
| Victim is an endangered adult | Level 6 Felony |
| An active protective order or no-contact order protecting the victim from the suspect was in effect at the time | Level 6 Felony |
| Results in serious bodily injury | Level 5 Felony |
| Committed with a deadly weapon | Level 5 Felony |
| Bodily injury to a pregnant victim, if suspect knew of the pregnancy | Level 5 Felony |
| Prior conviction for battery/strangulation against this SAME victim | Level 5 Felony |
| Bodily injury (not just moderate) to a victim under 14 (suspect 18+), a disabled victim (by caregiver), or an endangered adult | Level 5 Felony |
| Serious bodily injury to an endangered adult | Level 4 Felony |
| Serious bodily injury to a victim under 14, suspect 18+ | Level 3 Felony |
| Death of a victim under 14 (suspect 18+), or death of an endangered adult | Level 2 Felony |
Elements to prove
- 1
The suspect knowingly or intentionally touched a family or household member (see definition above) in a rude, insolent, or angry manner, OR placed bodily fluid or waste on them in that same manner
Fact prompts for your narrative
- How did you come into contact with the suspect and victim, and who are they?
- How are the parties related under the "family or household member" definition — spouse, dating, shared child, guardian/ward, etc.? Confirm this element specifically, since it's what makes this Domestic Battery rather than plain Battery.
- Describe the primary aggressor analysis and the specific facts behind it (per your department's domestic violence policy).
- Was a child under 16 present? Document their exact location and whether they could see or hear what happened.
- Was there an active protective order or no-contact order protecting the victim from the suspect at the time? Verify through records.
- Document injuries on both parties, including any defensive wounds.
- Is the victim under 14, an endangered adult, disabled, or pregnant? Document which category applies and relevant context.
- Does the suspect have a prior battery/strangulation conviction — against this same victim, or anyone?
- When and where did this occur?
- Why did this happen — any statements made by either party?
What to do before closing the report
- Follow your department's primary aggressor and arrest policy for domestic violence calls
- Provide the victim with domestic violence resource information and the victim rights notice
- Complete a lethality assessment and document firearm access, per department policy
- Photograph injuries on both parties, including any defensive wounds
- If a child was present, consider a Department of Child Services referral per your agency's policy
- Document search authority and whether Miranda applied, if applicable
Reference aid only. Confirm current Indiana Code language and agency policy before charging. Verified against IC 35-42-2-1.3 and IC 35-31.5-2-128, current through the 2026 Indiana Code (iga.in.gov).