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Person

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

CircumstanceCharge
Touching or bodily fluid/waste, no other factorsClass A Misdemeanor
Prior unrelated conviction for battery or strangulationLevel 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 injuryLevel 6 Felony
Victim is under 14, suspect is 18+Level 6 Felony
Victim has a mental/physical disability, suspect is their caregiverLevel 6 Felony
Victim is an endangered adultLevel 6 Felony
An active protective order or no-contact order protecting the victim from the suspect was in effect at the timeLevel 6 Felony
Results in serious bodily injuryLevel 5 Felony
Committed with a deadly weaponLevel 5 Felony
Bodily injury to a pregnant victim, if suspect knew of the pregnancyLevel 5 Felony
Prior conviction for battery/strangulation against this SAME victimLevel 5 Felony
Bodily injury (not just moderate) to a victim under 14 (suspect 18+), a disabled victim (by caregiver), or an endangered adultLevel 5 Felony
Serious bodily injury to an endangered adultLevel 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 adultLevel 2 Felony

Elements to prove

  1. 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).

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