Scope of Domestic Battery

Criminal Defense in Indiana

Domestic battery is one of the most frequently charged offenses in Indiana. Despite its prevalence, it is often misunderstood, and there are multiple ways the charge can be enhanced. This blog explains what constitutes domestic battery and outlines the circumstances under which the State may seek to elevate the charge. For more on the legal issues discussed here, see our domestic battery defense overview and Can Domestic Violence Cases Be Dismissed in Indiana? guide.

What is Domestic Battery?

Domestic battery is defined by I.C. 35-42-2-1.3. Under the statute, a person commits domestic battery — a Class A misdemeanor — if they knowingly or intentionally (1) touch a family or household member in a rude, insolent, or angry manner, or (2) in such a manner place any bodily fluid or waste on a family or household member.

Two important clarifications follow. First, the State is not required to prove pain or injury. Even minimal contact — such as a shove that causes no pain — can satisfy the statute if done in a rude, insolent, or angry manner. Second, the definition of "family or household member" is broader than it may seem; for purposes of this law, the alleged victim need not fit the traditional understanding of those terms.

I.C. 35-31.5-2-128(a) defines "family or household member." The statutory definition of family or household member includes:

1.A current or former spouse of the defendant.

2.Someone that the defendant is dating OR has dated.

3.Someone that the defendant is presently engaged in a sexual relationship with OR was previously engaged in a sexual relationship with.

4.Someone that is related by blood OR adoption to the defendant.

5.Someone that is related by marriage to the defendant.

6.A current or former guardian of the defendant.

7.A current or former ward of the defendant.

8.A current or former custodian of the defendant.

9.A current or former foster parent of the defendant.

10.Someone that has a child in common with the defendant.

Domestic battery can affect firearm rights under both state and federal law. A prohibition does not automatically expire after five years. Indiana provides a separate restoration-petition process, and federal eligibility needs its own analysis. The following charge levels come from Indiana Code 35-42-2-1.3.

A domestic battery allegation may be elevated to a Level 6 felony in the following situations:

• The defendant has a previous, unrelated conviction for a battery offense in this chapter or strangulation.

• The defendant is at least 18 and commits the offense in the physical presence of a child under 16, knowing the child is present and might see or hear the offense.

• The offense results in moderate bodily injury to the family or household member.

• The defendant is at least 18 years of age and the victim is a family or household member under 14 years old.

• The offense is committed against a family or household member with a mental or physical disability by a person having that member's care, voluntarily or by legal obligation.

• The offense is committed against a family or household member that is an endangered adult.

• There is a protective order in place against the defendant by the family or household member.

• There is a no-contact order in place between the defendant and the family or household member.

A domestic battery allegation can be enhanced to a Level 5 felony in the following circumstances:

• The offense results in serious bodily injury to the family or household member.

• The offense is committed with a deadly weapon against a family or household member.

• The offense results in bodily injury to a pregnant family or household member if the defendant knew of the pregnancy.

• The defendant has a previous conviction for a battery offense or strangulation in this chapter against the same family or household member.

• The offense results in bodily injury to a family or household member under 14 when the defendant is at least 18; to a member with a mental or physical disability when the defendant has that person's care; or to an endangered adult.

A domestic battery allegation may be elevated to a Level 4 felony if it results in serious bodily injury to a family or household member who is an endangered adult.

It may be elevated to a Level 3 felony if it results in serious bodily injury to a family or household member under 14 and the defendant is at least 18.

It may be elevated to a Level 2 felony if it results in the death of a family or household member who is an endangered adult, or who is under 14 when the defendant is at least 18.

The scope of domestic battery allegations in Indiana is clearly wide-ranging. It is extremely important to have an experienced attorney on your side to navigate the complicated landscape pertaining to these charges. Call Mo AlMahareeq Law anytime at (347) 889-4944 or email mo@moalmahareeqlaw.com for a free consultation.