Indianapolis Domestic Violence Lawyer

Domestic violence, also known as domestic battery in Indiana law, refers to any violence or threat of violence against a spouse, domestic partner, or anyone in a close relationship. At Banks & Brower understand that you deserve to be treated as innocent until proven guilty. As criminal defense lawyers, we will take the time to listen to your side of the story without judgment. Our domestic violence attorneys are former prosecutors now dedicated to preserving the rights of the accused in Indianapolis. 

Why Choose Our Indianapolis Domestic Violence Attorneys?

• Experience: Our attorneys have 80 combined years of legal experience in Indianapolis. Brad Banks & Adam Brower have also served as prosecutors for two counties in Indiana which gives them a unique understanding of the defense process.
• Testimonials: Hundreds of past clients have left satisfied testimonials about our attorneys.
• Attentiveness: Our team is always prepared and is available to answer any question you may have no matter what type of case you are inquiring about.
• Free Consultation: Not sure if you have a case? No problem, we offer free consultations.

Contact Banks & Brower, Indianapolis domestic violence lawyers for a free case evaluation or fill out an online contact form.

Quick Answers:

• Defenses Against Domestic Violence Charges
• What Can I Expect When Charged With Domestic Violence Charges?
• Domestic Violence Charges Breakdown
• What is Defined as Family Violence?

What to Do If You Are Accused of Domestic Violence in Indianapolis

Having a local domestic violence attorney on your side will help protect your rights and maintain your good name. Your Indianapolis domestic violence lawyer will collect the evidence in your case, and help establish the facts. You should not speak about the case to investigators or anyone else without an attorney present to protect yourself from accidental self-incrimination. The law gives you the right not to be forced to implicate yourself in any case and, by remaining silent, you preserve your rights.

Having an attorney on your side makes a favorable outcome much more likely. You have a right to legal representation and you have the ability to choose a lawyer who has the experience and expertise to handle domestic violence cases with expertise and compassion.

What Charges are Considered Domestic Violence Offenses?

• Physical Harm or Battery – Inflicting injury or using force against a partner, spouse, or family member.
• Sexual Misconduct – Any non-consensual sexual act, including coercion within a relationship.
• Stalking – Persistent harassment, intimidation, or unwanted surveillance that causes fear.
• Harassment – Unwanted communication, threats, or verbal abuse directed at a partner or family member.
• Kidnapping & Unlawful Restraint – Restricting someone’s freedom or movement against their will.
• Destruction of Property – Damaging a partner’s belongings as a means of control or intimidation.
• Child Abuse & Neglect – Physical, emotional, or sexual harm toward a child within the household.
• Violation of a Protective Order – Ignoring or disobeying a court-issued restraining order.
• Threats of Harm – Verbal or written threats that instill fear of injury or violence.
• Financial Control – Withholding or restricting access to financial resources to exert power over a partner.

What is defined as a domestic relationship?

• A domestic relationship is typically defined as a close personal relationship between individuals who share a household, family connection, or intimate bond. This includes:

  • Spouses & Ex-Spouses – Legally married or previously married individuals.
  • Dating Partners & Former Partners – Individuals in a romantic or intimate relationship, regardless of marital status.
  • Cohabitants & Former Cohabitants – People who currently or previously lived together in the same household.
  • Family Members – Parents, children, siblings, grandparents, and other relatives by blood, marriage, or adoption.
  • Co-Parents – Individuals who share a child, regardless of whether they were ever married or lived together.
  • Legal Guardians & Dependents – Individuals in a caregiver relationship, such as a guardian and a minor or dependent adult.

What is Defined as Family Violence?

Indiana law states that domestic or family violence means, except for an act of self-defense, the occurrence of at least one of the following acts committed by a family or household member:

• Attempting to cause, threatening to cause, or causing physical harm to another family or household member.
• Placing a family or household member in fear of physical harm.
• Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress.

For purposes of the protection orders, domestic or family violence also includes stalking or a sex offense, regardless of whether the stalking or sex offense is committed by a family or household member. Indiana Code 34-6-2-34.5.

In order to file for a protective order, a petitioner needs to have been a victim of:  (1) Domestic or family violence; (2) Stalking; or, (3) A sex offense.  However, a person may also file a petition for a protective order on behalf of a child who has been a victim of domestic or family violence, stalking, or a sex offense.

Indianapolis Domestic Violence Laws

A person who intentionally touches a spouse, partner, or even a person they are dating, in a way that results in injury, may be charged with domestic battery. Aggravated battery occurs when there is a chance of serious injury, death, or permanent disfigurement. Causing the loss of a fetus may also incur the charge of aggravated battery.

Charges in domestic violence cases range in severity depending on many aggravating factors. Most domestic violence cases are a Class A misdemeanor. If the person charged has a prior conviction for domestic violence, they may instead be charged with a level 6 felony. If a child under the age of 16 witnesses the violence, this may also result in a level 6 felony charge.

Penalties for domestic violence offenses range from misdemeanor charges (up to 1 year in prison) to felony charges (up to 16 years in prison) depending on severity and aggravating factors.

What are the Penalties for Domestic Violence in Indiana?

1. Domestic Battery (Class A Misdemeanor)

• Punishment: Up to 1 year in prison.
• Criteria: A person is charged with domestic battery if they cause bodily injury to a family or household member (e.g., spouse, parent, child).

2. Domestic Battery (Level 6 Felony)

• Punishment: 6 months to 2.5 years in prison.
• Criteria: If the domestic battery involves a prior conviction or results in serious bodily injury or use of a weapon, the charge may be upgraded to a Level 6 felony.

3. Aggravated Domestic Battery (Level 3 Felony)

• Punishment: 3 to 16 years in prison.
• Criteria: This applies when the battery results in serious bodily injury or involves strangulation. It can also apply if the defendant has a history of violent offenses.

4. Strangulation (Level 6 Felony)

• Punishment: 6 months to 2.5 years in prison.
• Criteria: A person can be charged with this offense if they knowingly or intentionally interfere with another person’s breathing or circulation (e.g., choking).

5. Violation of a Protection Order (Class A Misdemeanor)

• Punishment: Up to 1 year in prison.
• Criteria: If a person violates a protective order (such as contacting or approaching the protected individual), they can be charged with this crime, regardless of whether physical violence occurs.

6. Enhanced Penalties for Prior Convictions or Serious Injury

• Punishment: If the individual has prior convictions for domestic violence, or if the current incident involved significant injury, the penalties could be more severe, including longer prison sentences.
• Criteria: Aggravating factors such as repeat offenses, use of weapons, or injuries that result in permanent disability may increase the length of time spent in prison.

Domestic Violence Charges in Indiana

Under Indiana Code, IC 35-42-2-1.3, a person commits:

• A Class-A Misdemeanor: when they knowingly or intentionally touch an individual, in a rude, insolent or angry manner resulting in bodily injury, who:
• Is or was a spouse of that person;
  • Is or was living as if a spouse of that person
• A court shall consider the following things when determining if someone is “living as if a spouse” with another person:
  • The length of the relationship;
  • How often they have contact with one another;
  • The financial interdependence of the two parties;
  • If they raise children together;
  • If they engage “in tasks directed toward maintaining a common household”; and
  • Any other factor the court finds relevant
  • Has a child in common with that person
• A Level 6 Felony:
  • If they have a prior unrelated conviction of domestic battery; or
  • The alleged offense was committed in the “physical presence” of a minor child less than sixteen (16) years old, and that person knew the minor was present and might be able to hear or see the offense occurring.

Other Offenses:

• Battery with Serious Bodily Injury – Penalty can be a felony 
• Strangulation – Penalty is a level 6 felony 
• Invasion of Privacy – Penalty ranges from a misdemeanor to felony depending on each case 
• Intimidation – Penalty ranges from a misdemeanor to felony 
• Harassment – Penalty is a misdemeanor 
• Confinement – Penalty is a level 5 or 6 felony

Read full breakdown on domestic violence charges here.

Defenses Against Domestic Violence Charges

In any close relationship, tempers may flare and cause people to do or say things they should not. A spouse who is angry may make a false claim of domestic violence. If a spouse has threatened to make a false claim, you should tell someone trusted about the threat. This may help establish your contention that the accusation against you is false. If anyone was present when a threat to make a false accusation was made, they may testify on your behalf to help prove the accusation against you may be false.

If you were threatened with violence, or were being attacked and defended yourself, you may claim self-defense. If you have been repeatedly victimized yourself by the person accusing you, self-defense may also be used to explain that you were protecting yourself from greater harm.

In some cases, the victim suffered legitimate injuries, but they were not inflicted by you, or were not inflicted intentionally, you may claim the injuries were accidental, rather than a case of domestic violence. The law requires that injuries from domestic violence be intentional. If they were injured in an accident, the details of that accident may help establish that you were innocent of domestic violence. If the injuries your partner suffered were not intentionally inflicted, you may be innocent of the charges against you.

Related Content:

• Victims of Domestic Violence & Divorce
• A Look at Indiana’s Domestic Violence Laws
• Understanding Domestic Violence Charges in Indiana

Contact our Indianapolis Domestic Violence Attorneys

Banks & Brower has defended thousands of clients and has the experience you need to defend your rights. We can help if you are facing any charges including domestic abuse, battery, or assault against your spouse or former spouse. Contact our Indianapolis Criminal Defense attorneys to get a free case evaluation. We can help.

Banks & Brower Practice Areas 

• Criminal Defense
• Dui Defense 
• Drug Crimes
• Sex Crimes 

Banks & Brower Client Review:

“Brad was the best, he came through with his promise in getting all charges dismissed. If I ever need legal service again, he will be the first person I contact. Thank you all!” -Larry B.