Domestic battery involves an offender who intentionally touches a family or household member in a rude, insolent, or angry manner. An act that deposits bodily fluids or waste on the victim also constitutes aggression. In Indiana, domestic violence is criminalized under different sections of the law. Domestic battery is considered a crime against a family member or a household member.
Other criminal statutes can apply to both domestic and non-domestic offenses: trespassing, stalking, or kidnapping. In Indiana, domestic battery is a crime that is separate and distinct from any other crime, including simple, old-fashioned battery. At its most basic, domestic battery is knowingly or intentionally touching a family member or household member in a rude, insolent, or angry manner. There are a couple of important things to unpack here.
What is domestic violence? Domestic violence includes any violent act or crime directed toward or against an intimate partner. Intimate partners can be defined as spouses, former spouses, those who live together as if they were spouses, or those with a child in common. The Monroe County Attorney's Office policy interprets “living together as if a spouse included same-sex partners. A probation trial, or a suspended sentence, may be a possibility with a misdemeanor domestic battery conviction.
In addition, the Officer will provide the victim with a copy of the “Domestic Violence Referral Form,” which provides information about the Victim Assistance Program, Middle Way House, No Contact Orders, Protective Orders, and Safety Tips. This Notice provides information about the legal rights that victims of domestic violence have under the law. This act is considered domestic battery if the behavior occurs to a person who is or was a spouse, is or has been considered the equivalent of a spouse, or has a child in common with the person committing the crime. The team at Shure & Associates, LLC, has been helping Indians design effective domestic violence defense strategies for many years.
It's essential to appreciate how much is at stake if you or a loved one is convicted of domestic violence charges in Indianapolis. Often, when people involved in a domestic dispute have the opportunity to calm down, they may decide to drop their domestic battery charges. However, even if this happens, the state can still decide to go ahead with a domestic battery trial. The consequences of a domestic violence conviction can have ripple effects on your life, now and for years to come.
In addition, if you are convicted of domestic battery, you may be asked to enter some type of intervention program. Therefore, the state tends to be aggressive as it pursues criminal charges of domestic violence after an accusation of abuse.
