Domestic Violence Criminal Defense Attorney in Indiana

Indianapolis Domestic Violence Lawyer Indiana Criminal Attorney Jeff Cardella

If you have been accused of a crime of domestic violence in Indiana and need a top rated criminal defense attorney, call me at 317-695-7700 or email me for a free consultation. I have been a criminal attorney in Indiana for my entire legal career, was selected as one of the Top 100 Attorneys by the National Trial Lawyers Association, have served as a Judge pro tem, have nearly two decades of experience and taught criminal law at the IU McKinney School of Law. I have personally handled thousands of domestic violence cases and been lead counsel counsel in hundreds of  domestic violence trials. I also taught how to defend against domestic violence allegations in my course at the law school. Below, we will discuss the most common types of domestic violence allegations as well as possible defenses.

Indiana Battery Law

Battery is the touching of someone in a way that’s unwanted or harmful. Battery often occurs in the more traditional sense of the word, such as punching someone in the face during a heated argument. However, it can also include any touching, such as pushing someone, flicking someone’s nose to annoy them, or even putting your arm around someone’s shoulder when they clearly don’t want it. Mere contact of the body is legally enough for a battery charge to be filed.

Obviously, not all battery cases are domestic violence cases.  I deal with countless battery cases where the two individuals do not even know each other (such as a bar fight). However, when domestic battery charges are filed, it is very common for battery charges to also be filed.  This is because the State might have doubts about whether it can prove that a domestic or household relationship existed. In such situations the State often files a lesser included battery charge.

Battery charges and domestic battery charges are both serious. However a conviction for battery generally has less of a social stigma than a conviction for domestic battery. Additionally, a domestic battery conviction can carry additional penalties, including firearm restrictions.

Battery Statute: Indiana Code § 35-42-2-1

(a) A person who knowingly or intentionally:

(1) touches another person in a rude, insolent, or angry manner; or
(2) in a rude, insolent, or angry manner places any bodily fluid or waste on another person;

commits battery, a Class B misdemeanor.

(Note: Penalties increase with factors like bodily injury or specific victims.)

Elements to Be Proven for Battery

1. The defendant acted knowingly or intentionally.
2. The defendant touched another person in a rude, insolent, or angry manner, or caused bodily injury.
3. The contact or injury occurred without the victim’s consent.

Common Defenses for Battery

You should never encourage a witness to not appear at a court date or deposition, as this can constitute obstruction of justice and can lead to bond revocation. However, the reality is that in many cases the alleged victim does not appear, which can make it very difficult for the State to obtain a conviction. However, the mere fact that the victim does not appear is not always fatal to the State’s case – it merely makes it more difficult for the state to obtain a conviction. For example, if other people saw the battery occur, the absence of the alleged victim at trial may be of little consequence to the State. The absence of the victim often makes it more difficult for the State to prove its case, in the sense that the alleged victim is often an important witness who supplies a good deal of evidence. However, there is no mandate that the State dismiss merely because an alleged victim fails to appear. The state can, and sometimes does, proceed with prosecution even where an alleged victim refuses to appear at trial. Self defense, defense of others and defense of property are also common defenses in a battery case. For example, if you punch someone in order to get them to stop hitting your child, this would likely fall under defense of others. Similarly, if someone was breaking objects in your home it is likely that you would legally be allowed to hold them down in order to get them to stop under defense of property. Click the following link for a more detailed discussion of Indiana’s self defense laws and other affirmative defenses. False accusations are another common defense to a battery charge. There are many situations where an individual might falsely accuse another of battery because they are angry or vindictive. Click the following link for a more detailed discussion of Indiana Battery law.

Indiana Domestic Battery Law

Domestic battery is very similar to battery, but it involves someone close to you, like a spouse, partner, or child. It could be shoving your partner against a wall during an argument, grabbing their arm hard enough to leave a mark, or even a slight push in a moment of frustration. These cases have a tendency to get messy because of personal disputes, like divorce or custody issues. In many domestic violence allegations (especially romantic relationships), false accusations are made due to jealousy. Unfortunately, there are many vindictive lovers who use law enforcement as a way of carrying out revenge. Most prosecutors offices have a blanket policy of not charging individuals for making false police reports, even when the individual has submitted multiple false police reports and admitted to filing false police reports under oath.

Domestic battery cases also require that the state prove a family or household relationship existed. This is not always easy to prove. An individual is considered a “family or household member” if they fall into one of the following categories:

  1. Spousal Relationship: Current or former spouses.
  2. Dating Relationship: Individuals who are dating or have previously dated.
  3. Sexual Relationship: Individuals who are or were engaged in a sexual relationship.
  4. Blood or Adoptive Relatives: Those related by blood or adoption (e.g., parents, siblings, children).
  5. Relatives by Marriage: Those related through marriage (e.g., in-laws).
  6. Legal Relationships: Individuals with an established legal relationship, such as guardian-ward, custodian, foster parent, or similar roles.
  7. Shared Children: Individuals who have a child together.
  8. Minor Children: A minor child of any person in the above categories is also considered a family or household member of both parties involved.

This broad definition ensures that domestic battery applies to a wide range of relationships, covering not only traditional family structures but also intimate partnerships, custodial relationships, and situations involving shared children. The inclusion of minor children as family or household members extends protections to them when they are victims or when they are connected to individuals in the specified relationships. Click the following link to learn more about the legal definition of “family or household member.”

Domestic Battery Statute: Indiana Code § 35-42-2-1.3

(a) A person commits domestic battery if the person 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.

(b) Domestic battery under subsection (a) is a Class A misdemeanor.

(Note: Penalties escalate with injury or prior convictions.)

Family or Household Member Statute: Indiana Code § 35-31.5-2-128

(a) “Family or household member” means, with respect to a person, an individual who is a:

(1) spouse of the person;
(2) former spouse of the person;
(3) person who has a child with the person;
(4) person who is dating or has dated the person;
(5) person who is or has been engaged in a sexual relationship with the person;
(6) person who lives or has lived with the person; or
(7) relative of the person by blood or adoption.

(b) “Family or household member” also includes the following:

(1) A person who is related to the person described in subsection (a) by blood or adoption.
(2) A person who is or has been a guardian, ward, custodian, or foster parent of the person described in subsection (a).
(3) A minor child of a person described in subsection (a).

Elements to Be Proven for Domestic Battery

1. The defendant acted knowingly or intentionally.
2. The defendant touched the victim in a rude, insolent, or angry manner, or caused bodily injury.
3. The victim was a family or household member (e.g., spouse, child, or cohabitant).

Common Defenses for Domestic Battery

From a technical point of view, the defenses for domestic battery and battery are the same. However, domestic relationships add a layer of emotion and complexity that can often be used to the advantage of the defense. While many battery cases occur in public (such as in a crowded bar), domestic battery cases often occur behind closed doors where there are no witnesses. As a result, these cases are often “he said she said” cases where it can be difficult to convince a jury to believe one party over the other beyond a reasonable doubt. Also, most jurors understand that lovers can be very vindictive in the wrong circumstances. I have seen many cases where a female found text messages on a boyfriend’s phone and got jealous and called the police and accused the boyfriend of battery in order to obtain retribution. This often occurs repeatedly repeatedly since the accuser knows that law enforcement will not prosecute them for false reporting or perjury. There are also many cases where an individual brings false allegations of battery in order to gain leverage in a custody battle. Many accusers know that having the other parent locked up before a child custody hearing can put them in an advantageous position because the prosecutors office will assist with having the accused locked up and the prosecutors office will generally not prosecute the individual who filed the false police report (especially if they are a female). There are also many situations where one member of a relationship gets angry and either provokes a fight or starts breaking the other individuals property where self defense or defense of property can apply. Even if you are completely innocent of a domestic battery allegation, it is important to take these allegations very seriously. There are many petty individuals working in county government who will move forward with a prosecution even when it is obvious that you are innocent. Click here if you have additional questions about Criminal Defense representation for a domestic battery case.

Indiana Intimidation Law

Intimidation occurs when a person communicates a threat to another with the intent to cause fear or compel specific actions. Prohibited behaviors include threatening to physically harm someone if they contact the police, warning of property destruction for testifying in court, texting threats like “you’ll regret this,” or saying “don’t call anyone or else” during an argument.  When I encounter intimidation charges, it is very frequently in the context of a domestic relationship. In domestic disputes where emotions run high, allegations can be exaggerated.

Intimidation Statute: Indiana Code § 35-45-2-1

(a) A person who communicates a threat to another person, with the intent:

(1) that the other person engage in conduct against the other person’s will;
(2) that the other person be placed in fear of retaliation for a prior lawful act; or
(3) of causing the evacuation of any dwelling, building, or other structure, vehicle, or public place;

commits intimidation, a Class A misdemeanor.

(Note: Penalties increase if a deadly weapon is involved.)

Elements to Be Proven for Intimidation

1. The person communicated a threat to another individual.
2. The threat was intended to cause fear of retaliation or compel unlawful conduct.
3. The threat was specific and credible.

Common Defenses for Intimidation

If the alleged victim does not testify, the prosecution’s case may weaken, as their testimony is often critical, though other witnesses or evidence like text messages can still support the case. Encouraging a witness to miss court is illegal and risks obstruction of justice charges, so you should never encourage anyone to not appear in Court. False accusations, often driven by personal grudges in domestic disputes like breakups or custody battles, are somewhat common and can be attacked by showing inconsistencies in the accuser’s account or lack of corroborating evidence. Also, First Amendment protections may apply if the statement was not a direct threat.

Click the following link to read more about Criminal Defense representation for Intimidation charges.

Indiana Criminal Confinement Law

Criminal confinement occurs when a person restricts another’s freedom of movement without consent. Prohibited behaviors include locking someone in a room for hours, forcibly holding them in a vehicle to prevent escape, blocking a doorway during an argument, or grabbing someone’s arm to stop them from leaving. These allegations often arise in domestic disputes where one party feels trapped, and claims may be exaggerated in emotionally charged situations like breakups.

Criminal Confinement Statute: Indiana Code § 35-42-3-3

(a) A person who knowingly or intentionally:

(1) confines another person without the other person’s consent; or
(2) removes another person, by fraud, enticement, force, or threat of force, from one (1) place to another;

commits criminal confinement. Except as provided in subsection (b), (c), (d), or (e), criminal confinement is a Level 6 felony.

(Note: Penalties increase if the victim is a minor or if force is used.)

Elements to Be Proven for Criminal Confinement

1. The person acted knowingly or intentionally.
2. The person confined another individual or substantially interfered with their liberty.
3. The confinement occurred without the victim’s consent.

Common Defenses for Criminal Confinement

If the alleged victim does not testify, the prosecution may struggle to present sufficient evidence, but the prosecution can move forward with other witnesses or physical evidence. You should never encourage a witness to fail to appear in Court as this is illegal and risks charges like obstruction of justice. Unfortunately, in these cases, false accusations (often motivated by personal disputes like breakups or custody battles) are common. A lack of physical evidence or witnesses can weaken the prosecution’s case. It is often legal to use reasonable force to confine someone if it is done merely to prevent them from harming others as this falls under Indiana’s self-defense laws. Click here if you want to learn more about Criminal Defense representation for Confinement charges.

Indiana Stalking Law

Stalking involves repeated harassment that causes fear or intimidation. Prohibited behaviors include following someone daily to their workplace or home, sending threatening messages over weeks, texting someone repeatedly after being asked to stop, or driving by their house multiple times in one day. The pattern of behavior is key, and these charges often stem from strained relationships where allegations may be exaggerated.

Stalking Statute: Indiana Code § 35-45-10-5

(a) A person who stalks another person commits stalking, a Level 6 felony.

(b) However, the offense is a Level 5 felony if:

(1) the other person was less than fourteen (14) years of age at the time of the conduct;
(2) the other person was a victim of a sex crime or a victim of a violation of IC 35-42-2-1, IC 35-42-2-1.3, or IC 35-42-2-6;
(3) the other person and the person who committed the offense have or have had a sexual or intimate relationship, regardless of whether the relationship was ongoing;
(4) the person who committed the offense has been previously convicted of the same offense; or
(5) the person who committed the offense violated a protective order issued against the person under IC 34-26-5 or IC 34-26-2.

(Note: “Stalk” is defined in § 35-45-10-1 as a knowing or intentional course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, or threatened.)

Elements to Be Proven for Stalking

1. The person engaged in repeated or continuing harassment.
2. The conduct caused the victim to feel terrorized, frightened, or threatened.
3. A reasonable person would feel similarly threatened under the circumstances.

Common Defenses for Stalking

The most common defense to stalking is that the conduct would not cause a reasonable person to feel terrorized, frightened, intimidated, or threatened. Remember that in an intimidation case, the conduct itself is often legal (such as driving past someone’s house). In a case I recently handled, my client was accused of Stalking for driving on an Indianapolis highway that went by his x-girlfriends house.  We were able to demonstrate that this highway was between his house and his employer and that he was merely driving to work. We were also able to demonstrate that the x-girlfriend new this information. The Judge agreed that no reasonable person would feel threatened by this and found my client not guilty.

Click here to learn about criminal defense representation for a stalking charge.

Interference with Reporting a Crime Law

Interference with reporting a crime occurs when a person prevents another from contacting law enforcement. Prohibited behaviors include smashing someone’s phone during a 911 call, physically restraining them to stop them from reaching a phone, taking a phone away during an argument to prevent a call, or unplugging a landline. These charges often arise in heated domestic situations where one party attempts to involve police, and allegations can be exaggerated or misinterpreted.

Interference with Reporting a Crime Statute: Indiana Code § 35-45-2-5

(a) A person who, with the intent to obstruct, delay, or prevent the communication of information or notice to:

(1) a 911 special emergency 911 telephone line (as defined in IC 36-8-16.5-11);
(2) a law enforcement officer or agency; or
(3) a member of the fire department (as defined in IC 36-8-17-3);

commits interference with the reporting of a crime, a Class A misdemeanor.

(b) The offense described in subsection (a) is a Level 6 felony if:

(1) the obstruction, delay, or prevention results in bodily injury to another person; or
(2) the person has a prior unrelated conviction for an offense under this section.

Elements to Be Proven for Interference with Reporting a Crime

1. The person acted knowingly or intentionally.
2. The person prevented or attempted to prevent the victim from reporting a crime.
3. The interference involved a 911 service or communication with law enforcement.

Common Defenses for Interference with Reporting a Crime

If the alleged victim does not testify, the prosecution may struggle, but other evidence, such as call logs or witness testimony, can support the case. Encouraging a witness to avoid court is illegal and risks charges like obstruction of justice. False accusations, often driven by personal conflicts like custody disputes, are a common defense, especially when the accuser’s account lacks corroboration or physical evidence, like a damaged phone. Click the following to learn more about Criminal Defense representation for Interference with Reporting a Crime allegations.

Indiana Strangulation Law

Strangulation occurs when a person applies pressure to another’s throat or neck, or obstructs their nose or mouth, impeding breathing or circulation. Prohibited behaviors include choking someone until they lose consciousness, holding a chokehold for an extended period, placing hands on someone’s neck during an argument, or covering their mouth to stop them from shouting. Physical evidence, like bruising, is often critical, and these charges frequently arise in domestic disputes where allegations may be exaggerated.

Strangulation Statute: Indiana Code § 35-42-2-1.5

(a) A person who, in a rude, angry, or insolent manner, knowingly or intentionally:

(1) applies pressure to the throat or neck of another person or an animal in the other person’s possession; or
(2) obstructs the nose or mouth of another person or an animal in the other person’s possession;

in a manner that impedes the normal breathing or the blood circulation of the other person or animal commits strangulation, a Level 6 felony.

(b) However, the offense is a Level 5 felony if:

(1) the other person suffered bodily injury (as defined in IC 35-41-1-4) from the commission of the offense; or
(2) the person has a prior unrelated conviction for an offense under this section.

(c) This section does not apply to a person who is:

(1) acting under a reasonable belief that the person’s action was necessary to prevent serious bodily injury to the person or another individual; or
(2) a law enforcement officer who is acting within the scope of the officer’s official duties.

Elements to Be Proven for Strangulation

1. The person acted knowingly or intentionally.
2. The person applied pressure to the victim’s throat or neck, or obstructed their nose or mouth.
3. The act impeded the victim’s breathing or circulation.

Common Defenses for Strangulation

If the alleged victim does not testify, the prosecution may face challenges, but other evidence, like witness testimony or medical reports, can support the case. Encouraging a witness to avoid court is illegal and risks additional charges. False accusations, often driven by personal disputes like romantic conflicts, can be challenged with inconsistencies in the accuser’s account or lack of corroborating evidence, such as bruising or medical documentation. Click the following to learn more about Criminal Defense representation on Strangulation charges.

Indiana Harassment Law

Harassment occurs when a person communicates with another to annoy or alarm them without a legitimate purpose. Prohibited behaviors include sending repeated threatening voicemails, making dozens of prank calls in a short period, sending annoying text messages after a disagreement, or leaving a hostile voicemail. These charges often stem from deteriorating relationships where communication becomes contentious, and allegations may be exaggerated due to personal vendettas.

Harassment Statute: Indiana Code § 35-45-2-2

(a) A person who, with intent to harass, annoy, or alarm another person but with no intent of legitimate communication:

(1) makes a telephone call, whether or not a conversation ensues;
(2) contacts another person, whether or not a conversation ensues, by use of a telecommunications device (as defined in IC 35-33.5-1-7) or an interactive computer service (as defined in 47 U.S.C. 230(f)(2));
(3) communicates with a person by any form of written communication; or
(4) transmits an obscene message or image to another person;

commits harassment, a Class B misdemeanor.

(b) The offense is a Class A misdemeanor if:

(1) the communication is made with the intent to induce the other person to reasonably believe that the other person will be placed in fear of retaliation for a prior lawful act; or
(2) the other person is less than eighteen (18) years of age.

Elements to Be Proven for Harassment

1. The person communicated with another individual.
2. The communication was intended to harass, annoy, or alarm.
3. The communication lacked a legitimate purpose.

Common Defenses for Harassment

If the alleged victim does not testify, the prosecution may struggle to prove intent, but other witnesses or communication records can support the case. Encouraging a witness to avoid court is illegal and risks charges like obstruction of justice. False accusations, often driven by relationship conflicts or vindictiveness, are a common defense, especially when the accuser’s account lacks corroboration or shows inconsistencies, supported by phone records showing limited contact. Click the following link for more information on Indiana Harassment Law and criminal defense representation.

Indiana Invasion of Privacy Law

Invasion of privacy occurs when a person violates a protective order, restraining order, or no-contact order. Prohibited behaviors include repeatedly visiting someone’s home despite a protective order, sending multiple threatening messages in violation of a no-contact order, sending a single text message to the protected person, or calling them once after a court order prohibits contact. These charges often arise in domestic situations following relationship breakdowns, where emotions lead to violations, or allegations may be exaggerated to gain leverage in disputes.

Invasion of Privacy Statute: Indiana Code § 35-46-1-15.1

(a) A person who knowingly or intentionally violates:

(1) a protective order to prevent domestic or family violence issued against the person under IC 34-26-5, including an order issued under IC 34-26-5-2(b)(1), IC 34-26-5-2(b)(2), IC 34-26-5-2(b)(3), IC 34-26-5-2(b)(4), IC 34-26-5-2(b)(5), IC 34-26-5-2(b)(6), or IC 34-26-5-2(b)(7);
(2) a no contact order issued against the person under IC 35-34-2-2(b)(8), IC 35-34-2-2.1(a)(2), or IC 35-34-2-2.1(b)(2);
(3) a protective order issued against the person under IC 34-26-6; or
(4) a protective order issued against the person under IC 31-15-7.5 or IC 31-14-16;

commits invasion of privacy, a Class A misdemeanor.

(b) However, the offense is a Level 6 felony if the person has a prior unrelated conviction for a violation of this section.

(Note: Penalties increase for repeated violations or specific circumstances.)

Elements to Be Proven for Invasion of Privacy

1. The person knowingly or intentionally violated a court order.
2. The order was a protective, no-contact, or restraining order.
3. The violation involved contact or actions prohibited by the order.

Common Defenses for Invasion of Privacy

If the alleged victim does not appear at trial, the prosecution may face difficulties, but documentary evidence like court orders or communication records can still support the case. Encouraging a witness to avoid court is illegal and risks additional charges. Defenses include showing the person was unaware of the order due to improper notification, such as never being served with the court documents. False allegations, often motivated by personal disputes like custody battles, can be challenged with communication records or witness testimony showing no violation occurred. Click the following link to read more about Criminal Defense representation for Invasion of Privacy Charges.

Contact Jeff Cardella for a Free Consultation

For those facing domestic violence charges in Indiana, including battery, domestic battery, intimidation, criminal confinement, stalking, interference with reporting a crime, strangulation, harassment, or invasion of privacy, a free consultation is available. Contact me at 317-695-7700 or email me to discuss your case and explore defense strategies.

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