If you’re reading this, you may be feeling confused, worried or overwhelmed about being charged with domestic battery. At the Marc Lopez Law Firm, we understand how much is at stake. Your freedom. Your future. Your relationships. This is not just another legal matter. It’s one of the most serious criminal issues you can face in Indiana. And you need a legal team that communicates clearly, acts aggressively and treats your case with the urgency it deserves.
In this article, you’ll learn:
- What a domestic battery charge means under Indiana law
- The potential penalties you face
- Common issues like no-contact orders, protective orders, firearm rights and family law repercussions
- What your defense options might be
- Why to work with a firm that offers deep experience and direct accessibility
Our goal: get you informed. Get you confident. And show you a clear path forward because you deserve nothing less.
What Is Domestic Battery?
Under Indiana law, a charge of domestic battery is not simply a common battery case. Domestic Battery has unique elements and far-reaching consequences.
Legal definition
According to Indiana Code § 35-42-2-1.3, a person who knowingly or intentionally:
- touches a “family or household member” in a rude, insolent or angry manner; or
- in a rude, insolent or angry manner places any bodily fluid or waste on such a person
commits domestic battery (as a Class A misdemeanor) unless certain aggravating factors apply. (Justia)
Who is a “family or household member”?
This term is broad under Indiana law and can include:
- A current or former spouse
- A person you share or previously shared a sexual relationship with
- Someone you have a child in common with
- Someone related by blood, adoption or marriage
- A person you live or have lived with in a family or household‐type relationship
This means that a domestic battery charge may apply even if you and the alleged victim are not married or living together in the traditional sense.
Why this matters
Because this category of offense attaches special protections (and special penalties) it is treated differently than standard battery. A misstep can shift the charge from a misdemeanor to a felony.
What Are the Potential Penalties for Domestic Battery Charges?
When you’re facing a domestic battery allegation, understanding what’s possible is the first step. But you also need an attorney who helps you plan how to avoid the worst outcomes.
Misdemeanor baseline
A first‐time domestic battery charge as a Class A misdemeanor carries up to one year in jail and fines (in many cases, up to $5,000).
When the charge escalates to felony
The offense may be elevated to a felony when certain aggravating factors apply. Some breakdowns:
- Level 6 felony: This can apply if you have a prior conviction for battery or strangulation, the offense occurred in the presence of a child under 16, or moderate bodily injury resulted, among other factors. (Justia)
- Level 5 felony: If serious bodily injury occurred, or a deadly weapon was used, or the victim was pregnant and you knew it, the offense may become a Level 5 felony.
- Higher levels (Levels 4–2) apply in circumstances of extreme harm, injury to children, endangered adults or death.
Beyond jail time: collateral consequences
Even when you don’t go to prison, a domestic battery conviction can carry serious long‐term damage:
- Loss of firearm rights. Under both Indiana and federal law, a “domestic violence” finding can prevent you from possessing firearms—even if your case started as a misdemeanor.
- Impact on child custody, visitation, or family law matters. A conviction or domestic violence determination can be used against you.
- Expungement challenges and difficulty securing professional licenses, housing or employment later.
The stakes are high. This is a moment where a strong defense can dramatically change your future.
Common Issues in Domestic Battery Cases
When you are charged with domestic battery, many additional legal threads get pulled in—any of which can complicate your case. You need an attorney aware of all of them.
No Contact & Protective Orders
- A no contact order is issued in the course of the criminal case; it prohibits you from contacting the alleged victim, directly or indirectly.
- A protective order is a civil remedy, similar restrictions, but it may run concurrently or separately.
Violating either order can lead to new criminal charges (such as invasion of privacy) and make the original case worse.
For you, this means you must be extremely careful about all communication, even through third parties. A violation could derail everything.
Firearm Rights
Even if your case is a misdemeanor, a domestic battery “domestic violence” finding under Indiana law will bar you from purchasing or possessing firearms.
Restoring those rights isn’t automatic. There is a legal process, eligibility timeframes and often an extra petition.
Impact on Family Law & Custody
If you have children or are involved in divorce or custody proceedings, a domestic battery charge can be used against you. Courts may order supervised visitation, restrict parenting time or make other changes.
Managing this proactively is vital for protecting your relationship with your children and your role as a parent.
Discovery, Plea Bargains & Trials
- Discovery in Indiana is automatic once your case is filed and you’ve entered your attorney’s appearance.But discovery does take time (often until around the first pre‐trial conference).
- A plea bargain means you would admit guilt to some or all of the charges in exchange for a negotiated outcome. The benefit is that you gain more control over the outcome rather than leaving it entirely to a judge’s discretion. However, you also accept a criminal record and possible collateral consequences.
- A trial means presenting your case to a judge or jury. If you are convicted, the judge sets the sentence and at that point, you lose the ability to negotiate the sentence. The timing of jury vs. bench trial must be managed early.
How Can the Marc Lopez Law Firm Help You Fight a Domestic Battery Charge?
You need more than a standard defense attorney. You need a team that acts like your partner, communicates clearly, fights aggressively and holds you in priority. Here’s how we deliver that at the Marc Lopez Law Firm:
1. We listen, we explain, we personalize
From our first conversation, you’ll speak directly with an attorney who understands domestic battery matters under Indiana law. We use plain language, take full time to explain your options and make sure you never feel in the dark about your defense.
2. We prioritize accessibility and responsiveness
One of the most frequent complaints we hear about other firms is the inability to reach your attorney, unanswered questions and confusion about case progress. That doesn’t happen here. You will have direct contact with us: phone, personal email, dedicated conference link and the same accessibility extends to our paralegals. You will always know what is going on and what we are doing for you.
3. We prepare for trial while still negotiating
Even if you want to resolve the case through a plea, we don’t take shortcuts. We begin building your defense immediately, investigating facts, reviewing all discovery, interviewing witnesses, evaluating the evidence. That preparation allows us to:
- Identify weaknesses in the prosecution’s case
- Negotiate from a position of strength
- Advise you honestly on whether a plea makes sense or if trial is in your best interest
4. We protect more than the immediate charge
The actions we take don’t stop at avoiding jail time. We consider and plan for your future. That means:
- Fighting to preserve firearm rights when possible
- Counsel on how a domestic battery finding can affect custody, job licensing and long-term issues
- Clearing your record when possible and appropriate
5. We are results oriented, but never push you
We will never tell you what you must do. You make the decisions. Our job is to give you the best information, present your options clearly and align our strategy with your future, your values and your goals.
Why Choose Us Over Other Firms?
- Our entire defense practice emphasizes domestic battery and domestic violence matters in Indiana. We are immersed in the statutes, the judges, the prosecutors, and the local practice.
- You won’t get lost in a large docket or treated like a number. You’ll get personalized attention.
- We believe communication is not optional. We keep you informed. We respond to you. We don’t let the case become a mystery.
- We respect that this is about your life. Your reputation. Your relationships. Your future. We don’t under-state what you face. We fight for the best outcome.
- We build the defense from day one. We don’t wait until the last minute.
What Should You Do Right Now?
- Do not plead guilty without speaking to an attorney. Even a misdemeanor plea can carry years of consequences.
- Follow the no contact or protective order you may have received. It’s not just a side issue. It can impact your case.
- Document your side of the story. Write down what happened, when, who was present, any evidence you have: phone records, texts, video, people who saw or heard something.
- Contact us for a consultation immediately. Time matters. Early intervention gives us the best chance at favorable outcomes.
- Stay calm, keep your head. Facing charges is stressful. But acting thoughtfully and having an experienced lawyer by your side can make all the difference.
Your Future Deserves a Firm That Will Be There
If you are facing domestic battery charges in Indiana, you are at a pivotal moment. These charges can affect your freedom, your parenting, your rights, your relationships. And not just for now, but for years down the road. The right attorney means more than just representation. It means a true partner who communicates, cares and fights for you.
At the Marc Lopez Law Firm, we don’t treat you like a case number. We treat you like the person behind the charge with a future worth defending. We have the experience, the tools and the responsiveness to stand with you.
Call us today at 317-632-3642. Let’s start the conversation. Let’s protect your future together.
Remember: If you’re arrested or charged, plead the Fifth and call us before you speak further.
