Domestic Violence Laws in Indiana
“I want to take the time to show my appreciation to Zach Richey and Matt Kroes with the Marc Lopez law firm. These two were an absolute blessing to me with my case. I was facing some pretty severe domestic charges (3 felonies and 2 misdemeanors) . . . Zach Richey was always on point with everything, kept me updated and was always confident and reassuring to me. When I got nervous about things, he was always there as a voice of reason for me, encouraging me every step of the way. He was always on it and you could see how compassionate and dedicated he was. He never gave up and never gave in. He was an absolute beast. I didn’t get to work with Matt too much, but this guy showed up and showed out for me and in the end got the job done. He was very charismatic, knew his stuff and was on top of everything during my entire trial. These two make you feel like family and were a force to be reckoned with . . .”
– James, 2024
Oftentimes, the phrases “domestic violence” and “domestic battery” are used interchangeably. However, “domestic violence” can refer to many different crimes involving a family or household member; it is the umbrella term for any crime involving the use or attempted use of force or threatened use of a deadly weapon. The crimes of domestic battery, invasion of privacy, criminal confinement, intimidation, strangulation, stalking, and harassment all fall under the domestic violence umbrella. In Indiana, domestic violence is defined in Indiana Code § 35-31.5-2-78:
“Crime of domestic violence”, for purposes of IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an offense or the attempt to commit an offense that:
(1) has as an element the:
(a) use of physical force; or
(b) threatened use of a deadly weapon; and
(2) is committed against a family or household member, as defined in section 128 of this chapter.
It is important to note that in Indiana a “family or household member” includes individuals in a variety of relationships. This definition expands to spouses, former spouses, individuals who share a child, individuals who currently or previously lived together, and even individuals who are dating.
In Indiana, any crime of domestic violence carries significant legal consequences, including consequences beyond just jail time. At the Marc Lopez Law Firm, we are dedicated to representing individuals who are facing such charges with the best possible defense strategies. In this overview of Indiana domestic violence, we will go through the most common crimes of domestic violence, the starting charges, collateral consequences, and the importance of hiring an Indiana criminal defense attorney.
“Worth every dollar spent. I was put in a very stressful and unfortunate situation. This law firm was there every step of the way. They educated me and supported every decision I made. I really appreciate this law firm. I was referred by another great attorney so I trusted his judgment. They did not let me down. Matt Kroes and Zach Richey are pitbulls! They definitely get the job done!! I will definitely always keep them in mind. I will be referring to everyone I know!
Don’t wanna leave Cassie out. She is such a great person to talk to when the attorneys are busy. She’s so sweet and understanding! She’s actually the gem for me in this firm.”
– Chantevia, 2024
The following are considered crimes of domestic violence in Indiana:
Indiana’s Domestic Battery Statute
Facing charges for domestic battery in Indiana is a challenging, and often an emotional experience. Although the charges start as a Class A misdemeanor, they can quickly escalate into felony charges based on a variety of circumstances. Domestic battery is defined under Indiana Code § 35-42-2-1.3 and starts as a Class A misdemeanor. It occurs when an individual knowingly or intentionally:
(1) touches a family or household member in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
A Class A misdemeanor can carry a penalty of up to one year in jail and a fine of up to $5,000. An important note, in Indiana, when domestic battery is charged as a felony, it cannot be reduced to a misdemeanor. Because of this, it is crucial to recognize the need for a strong and strategic defense. The criminal defense attorneys at the Marc Lopez Law firm are well versed in the intricacies involved with defending clients charged with domestic battery.
“The lawyers at this firm are on top of their game! They have made me feel comfortable, kept in touch regularly, and been absolutely amazing getting things done with my situation. I would recommend them to anybody who needs legal counsel.”
– Jay, 2024
Indiana’s Invasion of Privacy Statute
With crimes of domestic violence, the court will often issue a no-contact order as a condition of pretrial release. In addition, if you have been charged with committing a crime of violence that resulted in bodily injury, the court will automatically issue a no-contact order. So where does invasion of privacy fit? Whenever a person violates a no-contact order, additional criminal charges can be brought. These are charged as invasion of privacy under Indiana Code § 35-46-1-15.1. Invasion of privacy charges start as a Class A misdemeanor with a penalty of up one year in jail and a fine of up to $5,000. If you have a prior conviction for invasion of privacy or stalking, the charge can be escalated to a Level 6 felony.
If you are facing an invasion of privacy charge or concerned that you may be facing charges in Indiana, the Marc Lopez Law Firm stands ready to help defend you and your rights.
“If you’re looking for a law firm that truly cares for you, has your best intentions and makes the whole process feel less stressful then the lopez law firm is for you. Their team is always willing to answer any questions you have at any time, honest, upfront every step of the way and make sure you do get the best outcome. Most of all the way they always check on you even after the process is over gives you comfort knowing they are still there for you. That’s someone you want on your side.”
– Erik, 2024
Indiana’s Criminal Confinement Statute
Criminal confinement occurs whenever a person intentionally or knowingly confines another person without the other person’s consent. Indiana Code § 35-42-3-3 is the statute that lists out the possible charges in Indiana. Oftentimes, this happens in domestic disputes or arguments where one person is refusing to let the other leave. To be charged with criminal confinement, you simply have to keep another person against their will. No movement is required. For example, if you and your spouse are having a heated argument and you stand in the doorway refusing to let them pass, this is criminal confinement.
When criminal confinement occurs between two family or household members, it falls under the umbrella of domestic violence crimes. The charges for criminal confinement start as a Level 6 felony which carries a maximum penalty of two and a half years in prison and a fine of up to $10,000. Depending on the circumstances, charges can escalate all the way up to a Level 2 felony.
“Marc Lopez law firm has been amazing! They have helped me through a difficult traffic situation, and I am continuing to work with them. Very grateful for the team’s knowledge and professionalism!”
– Lindsey, 2024
Indiana’s Intimidation Statute
In Indiana, the crime of intimidation is covered by Indiana Code § 35-45-2-1. Intimidation involves anytime a person communicates a threat with the intention that another person engages in conduct against their will or that another person fears retaliation for a prior lawful act. Criminal charges for intimidation start as a Class A misdemeanor which carry a penalty of up to one year in jail and a fine of up to $5,000. Depending on the circumstances and the situation, however, charges for intimidation can escalate to Level 6 or Level 5 felonies. Felony charges always include the possibility of longer jail time and higher fines.
Intimidation is a serious offense that involves lots of nuances. If you or someone you know is facing charges for intimidation, hiring a criminal defense attorney is crucial. At the Marc Lopez Law Firm, our Indiana attorneys understand the laws and have represented clients facing a variety of charges.
“Great representation. Seamless process! Will use again if I ever find myself in a similar situation (don’t plan on it)!”
– Blake, 2024
Indiana’s Strangulation Statute
The crime of strangulation falls under Indiana Code § 35-42-2-9. Strangulation involves knowingly or intentionally and in a rude, angry, or insolent manner: (1) applying pressure to the throat or neck; (2) obstructing the nose or mouth; or (3) applying pressure to the torso of another person. Charges for strangulation in Indiana start as a Level 6 felony with a penalty of up to two and a half years in jail and a fine of up to $10,000. If you have a prior conviction for strangulation, it is often an enhancement factor for other crimes of domestic violence and can be used to elevate the charges against you. Strangulation is a serious criminal offense obtaining legal representation is vital.
“The Marc lopez law firm was very professional and responsive. Zac and his associates made this process as least stressful as possible given the situation. Highly recommended.”
– Jacob, 2024
Indiana’s Stalking Statutes
In Indiana, for the purposes of criminal charges, stalking means to knowingly or intentionally engage in a repeated course of conduct or continued harassment of another person. It involves anything that could make a reasonable person feel frightened, intimidated, threatened, or terrorized. As defined by Indiana Code § 35-45-10-5, stalking starts as a Level 6 felony. This can carry a penalty of up to two and a half years in jail and a fine of up to $10,000.
Stalking charges can quickly escalate toward a Level 5 felony if there is threat of sexual battery, serious bodily injury, or death. Additionally, stalking a person who has a protective order or no-contact order against you will result in higher level charges. If you or someone you know is facing charges for stalking it is of the utmost importance to take these charges seriously. The attorneys at the Marc Lopez Law Firm are dedicated to advocating on behalf of all clients in all cases.
“Professional and fast service, I would recommend them to everyone! They represent HOPE!”
– Kimberly, 2024
Indiana’s Harassment Statutes
When does harassment become a criminal offense? In Indiana, harassment is defined by Indiana Code § 35-45-10-2 and involves the “repeated or continuing of impermissible contact which would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress.” Harassment can take many different forms from phone calls to online messages over social media.
In Indiana, harassment involves a repeated pattern of contact with no intent of legitimate communication. This can include, continuously sending unsolicited messages, making a series of disturbing phone calls, sending offensive emails or texts, or relentless targeting on social media. This offense starts as a Class B misdemeanor which can carry a penalty of up to 180 days in jail and a fine of up to $1000.
“This firm is fantastic. Helped me a bunch and was highly communicative throughout the entire process. Would recommend to anybody!”
– Dustin, 2024
Collateral Consequences of Domestic Violence
Beyond the immediate consequence of jail time, any conviction for a crime of domestic violence can result in a significant loss of rights. These collateral consequences can include the loss of the right to possess a firearm, parental rights, the right to serve on a jury, the right to run for public office, and your right to vote. Those carrying felony charges often find themselves having to explain their criminal past to prospective employers, landlords, and lenders. This complicates normal daily activities such as applying for a job, buying a car, or even moving to a new home.
If you or someone you know is facing felony charges for a crime of domestic violence, contact the Marc Lopez Law Firm. Our Indiana criminal defense attorneys understand the nuances of the laws and the intricacies of the legal system. Let us fight for your rights and advocate on your behalf. Don’t leave your future to chance.
“Represented me very well throughout my trial process and educated me along the way of all of the ins and outs of our speedy, fantastic court system! Highly Recommend!”
– Benjamin, 2024
Connect With Confidence: Make the Right Call
Facing charges for a crime of domestic violence in Indiana is a challenging, and often emotional experience. There are many circumstances which can enhance your charges to a felony. Any charge for a crime of domestic violence carries potential long-term consequences, including the possibility of jail time, and loss of important civil rights such as the loss of parental rights, and the prohibition of firearm possession.
Because of this, it is crucial to recognize the need for a strong and strategic defense. The criminal defense attorneys at the Marc Lopez Law firm are well versed in the legal pathways and intricacies involved with defending clients charged with crimes of domestic violence.
If you or someone you know has been charged with any domestic violence crime in Indiana, your future is at stake. The Indiana criminal defense attorneys at the Marc Lopez Law Firm deal with these complex cases everyday. Our legal team understands the importance of preserving your legal rights and how potential ramifications can affect your life both now and in the future.
Let the attorneys at the Marc Lopez Law Firm be your guide and advocate, don’t leave your future to chance! Our attorneys are committed to providing top quality legal representation and a tailored defense strategy regardless of the circumstances of your case. Give us a call at 317-632-3642 and remember–always plead the 5th!
“If you are in need of a wonderful law firm, reach out to Marc Lopez Law firm. This is an excellent team. Mr. Matt and Zach were awesome. Thank you for all you did and I’ll let anyone know how good you are. Again thank you.”
– Laura, 2024
Domestic Violence Laws in Indiana
“I want to take the time to show my appreciation to Zach Richey and Matt Kroes with the Marc Lopez law firm. These two were an absolute blessing to me with my case. I was facing some pretty severe domestic charges (3 felonies and 2 misdemeanors) . . . Zach Richey was always on point with everything, kept me updated and was always confident and reassuring to me. When I got nervous about things, he was always there as a voice of reason for me, encouraging me every step of the way. He was always on it and you could see how compassionate and dedicated he was. He never gave up and never gave in. He was an absolute beast. I didn’t get to work with Matt too much, but this guy showed up and showed out for me and in the end got the job done. He was very charismatic, knew his stuff and was on top of everything during my entire trial. These two make you feel like family and were a force to be reckoned with . . .”
– James, 2024
Oftentimes, the phrases “domestic violence” and “domestic battery” are used interchangeably. However, “domestic violence” can refer to many different crimes involving a family or household member; it is the umbrella term for any crime involving the use or attempted use of force or threatened use of a deadly weapon. The crimes of domestic battery, invasion of privacy, criminal confinement, intimidation, strangulation, stalking, and harassment all fall under the domestic violence umbrella. In Indiana, domestic violence is defined in Indiana Code § 35-31.5-2-78:
“Crime of domestic violence”, for purposes of IC 5-2-6.1, IC 35-38-9, IC 35-47-2-1.5, and IC 35-47-4-7, means an offense or the attempt to commit an offense that:
(1) has as an element the:
(a) use of physical force; or
(b) threatened use of a deadly weapon; and
(2) is committed against a family or household member, as defined in section 128 of this chapter.
It is important to note that in Indiana a “family or household member” includes individuals in a variety of relationships. This definition expands to spouses, former spouses, individuals who share a child, individuals who currently or previously lived together, and even individuals who are dating.
In Indiana, any crime of domestic violence carries significant legal consequences, including consequences beyond just jail time. At the Marc Lopez Law Firm, we are dedicated to representing individuals who are facing such charges with the best possible defense strategies. In this overview of Indiana domestic violence, we will go through the most common crimes of domestic violence, the starting charges, collateral consequences, and the importance of hiring an Indiana criminal defense attorney.
“Worth every dollar spent. I was put in a very stressful and unfortunate situation. This law firm was there every step of the way. They educated me and supported every decision I made. I really appreciate this law firm. I was referred by another great attorney so I trusted his judgment. They did not let me down. Matt Kroes and Zach Richey are pitbulls! They definitely get the job done!! I will definitely always keep them in mind. I will be referring to everyone I know!
Don’t wanna leave Cassie out. She is such a great person to talk to when the attorneys are busy. She’s so sweet and understanding! She’s actually the gem for me in this firm.”
– Chantevia, 2024
The following are considered crimes of domestic violence in Indiana:
Indiana’s Domestic Battery Statute
Facing charges for domestic battery in Indiana is a challenging, and often an emotional experience. Although the charges start as a Class A misdemeanor, they can quickly escalate into felony charges based on a variety of circumstances. Domestic battery is defined under Indiana Code § 35-42-2-1.3 and starts as a Class A misdemeanor. It occurs when an individual knowingly or intentionally:
(1) touches a family or household member in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on a family or household member;
A Class A misdemeanor can carry a penalty of up to one year in jail and a fine of up to $5,000. An important note, in Indiana, when domestic battery is charged as a felony, it cannot be reduced to a misdemeanor. Because of this, it is crucial to recognize the need for a strong and strategic defense. The criminal defense attorneys at the Marc Lopez Law firm are well versed in the intricacies involved with defending clients charged with domestic battery.
“The lawyers at this firm are on top of their game! They have made me feel comfortable, kept in touch regularly, and been absolutely amazing getting things done with my situation. I would recommend them to anybody who needs legal counsel.”
– Jay, 2024
Indiana’s Invasion of Privacy Statute
With crimes of domestic violence, the court will often issue a no-contact order as a condition of pretrial release. In addition, if you have been charged with committing a crime of violence that resulted in bodily injury, the court will automatically issue a no-contact order. So where does invasion of privacy fit? Whenever a person violates a no-contact order, additional criminal charges can be brought. These are charged as invasion of privacy under Indiana Code § 35-46-1-15.1. Invasion of privacy charges start as a Class A misdemeanor with a penalty of up one year in jail and a fine of up to $5,000. If you have a prior conviction for invasion of privacy or stalking, the charge can be escalated to a Level 6 felony.
If you are facing an invasion of privacy charge or concerned that you may be facing charges in Indiana, the Marc Lopez Law Firm stands ready to help defend you and your rights.
“If you’re looking for a law firm that truly cares for you, has your best intentions and makes the whole process feel less stressful then the lopez law firm is for you. Their team is always willing to answer any questions you have at any time, honest, upfront every step of the way and make sure you do get the best outcome. Most of all the way they always check on you even after the process is over gives you comfort knowing they are still there for you. That’s someone you want on your side.”
– Erik, 2024
Indiana’s Criminal Confinement Statute
Criminal confinement occurs whenever a person intentionally or knowingly confines another person without the other person’s consent. Indiana Code § 35-42-3-3 is the statute that lists out the possible charges in Indiana. Oftentimes, this happens in domestic disputes or arguments where one person is refusing to let the other leave. To be charged with criminal confinement, you simply have to keep another person against their will. No movement is required. For example, if you and your spouse are having a heated argument and you stand in the doorway refusing to let them pass, this is criminal confinement.
When criminal confinement occurs between two family or household members, it falls under the umbrella of domestic violence crimes. The charges for criminal confinement start as a Level 6 felony which carries a maximum penalty of two and a half years in prison and a fine of up to $10,000. Depending on the circumstances, charges can escalate all the way up to a Level 2 felony.
“Marc Lopez law firm has been amazing! They have helped me through a difficult traffic situation, and I am continuing to work with them. Very grateful for the team’s knowledge and professionalism!”
– Lindsey, 2024
Indiana’s Intimidation Statute
In Indiana, the crime of intimidation is covered by Indiana Code § 35-45-2-1. Intimidation involves anytime a person communicates a threat with the intention that another person engages in conduct against their will or that another person fears retaliation for a prior lawful act. Criminal charges for intimidation start as a Class A misdemeanor which carry a penalty of up to one year in jail and a fine of up to $5,000. Depending on the circumstances and the situation, however, charges for intimidation can escalate to Level 6 or Level 5 felonies. Felony charges always include the possibility of longer jail time and higher fines.
Intimidation is a serious offense that involves lots of nuances. If you or someone you know is facing charges for intimidation, hiring a criminal defense attorney is crucial. At the Marc Lopez Law Firm, our Indiana attorneys understand the laws and have represented clients facing a variety of charges.
“Great representation. Seamless process! Will use again if I ever find myself in a similar situation (don’t plan on it)!”
– Blake, 2024
Indiana’s Strangulation Statute
The crime of strangulation falls under Indiana Code § 35-42-2-9. Strangulation involves knowingly or intentionally and in a rude, angry, or insolent manner: (1) applying pressure to the throat or neck; (2) obstructing the nose or mouth; or (3) applying pressure to the torso of another person. Charges for strangulation in Indiana start as a Level 6 felony with a penalty of up to two and a half years in jail and a fine of up to $10,000. If you have a prior conviction for strangulation, it is often an enhancement factor for other crimes of domestic violence and can be used to elevate the charges against you. Strangulation is a serious criminal offense obtaining legal representation is vital.
“The Marc lopez law firm was very professional and responsive. Zac and his associates made this process as least stressful as possible given the situation. Highly recommended.”
– Jacob, 2024
Indiana’s Stalking Statutes
In Indiana, for the purposes of criminal charges, stalking means to knowingly or intentionally engage in a repeated course of conduct or continued harassment of another person. It involves anything that could make a reasonable person feel frightened, intimidated, threatened, or terrorized. As defined by Indiana Code § 35-45-10-5, stalking starts as a Level 6 felony. This can carry a penalty of up to two and a half years in jail and a fine of up to $10,000.
Stalking charges can quickly escalate toward a Level 5 felony if there is threat of sexual battery, serious bodily injury, or death. Additionally, stalking a person who has a protective order or no-contact order against you will result in higher level charges. If you or someone you know is facing charges for stalking it is of the utmost importance to take these charges seriously. The attorneys at the Marc Lopez Law Firm are dedicated to advocating on behalf of all clients in all cases.
“Professional and fast service, I would recommend them to everyone! They represent HOPE!”
– Kimberly, 2024
Indiana’s Harassment Statutes
When does harassment become a criminal offense? In Indiana, harassment is defined by Indiana Code § 35-45-10-2 and involves the “repeated or continuing of impermissible contact which would cause a reasonable person to suffer emotional distress and that actually causes the victim to suffer emotional distress.” Harassment can take many different forms from phone calls to online messages over social media.
In Indiana, harassment involves a repeated pattern of contact with no intent of legitimate communication. This can include, continuously sending unsolicited messages, making a series of disturbing phone calls, sending offensive emails or texts, or relentless targeting on social media. This offense starts as a Class B misdemeanor which can carry a penalty of up to 180 days in jail and a fine of up to $1000.
“This firm is fantastic. Helped me a bunch and was highly communicative throughout the entire process. Would recommend to anybody!”
– Dustin, 2024
Collateral Consequences of Domestic Violence
Beyond the immediate consequence of jail time, any conviction for a crime of domestic violence can result in a significant loss of rights. These collateral consequences can include the loss of the right to possess a firearm, parental rights, the right to serve on a jury, the right to run for public office, and your right to vote. Those carrying felony charges often find themselves having to explain their criminal past to prospective employers, landlords, and lenders. This complicates normal daily activities such as applying for a job, buying a car, or even moving to a new home.
If you or someone you know is facing felony charges for a crime of domestic violence, contact the Marc Lopez Law Firm. Our Indiana criminal defense attorneys understand the nuances of the laws and the intricacies of the legal system. Let us fight for your rights and advocate on your behalf. Don’t leave your future to chance.
“Represented me very well throughout my trial process and educated me along the way of all of the ins and outs of our speedy, fantastic court system! Highly Recommend!”
– Benjamin, 2024
Connect With Confidence: Make the Right Call
Facing charges for a crime of domestic violence in Indiana is a challenging, and often emotional experience. There are many circumstances which can enhance your charges to a felony. Any charge for a crime of domestic violence carries potential long-term consequences, including the possibility of jail time, and loss of important civil rights such as the loss of parental rights, and the prohibition of firearm possession.
Because of this, it is crucial to recognize the need for a strong and strategic defense. The criminal defense attorneys at the Marc Lopez Law firm are well versed in the legal pathways and intricacies involved with defending clients charged with crimes of domestic violence.
If you or someone you know has been charged with any domestic violence crime in Indiana, your future is at stake. The Indiana criminal defense attorneys at the Marc Lopez Law Firm deal with these complex cases everyday. Our legal team understands the importance of preserving your legal rights and how potential ramifications can affect your life both now and in the future.
Let the attorneys at the Marc Lopez Law Firm be your guide and advocate, don’t leave your future to chance! Our attorneys are committed to providing top quality legal representation and a tailored defense strategy regardless of the circumstances of your case. Give us a call at 317-632-3642 and remember–always plead the 5th!
“If you are in need of a wonderful law firm, reach out to Marc Lopez Law firm. This is an excellent team. Mr. Matt and Zach were awesome. Thank you for all you did and I’ll let anyone know how good you are. Again thank you.”
– Laura, 2024