The Law Office of Roseann P. Ivanovich represents people facing domestic violence and domestic battery charges throughout Merrillville, Lake County, and Northwest Indiana. We listen to your side, review the evidence, explain the court process, and help you make informed decisions about your case.
A Domestic Violence Charge
Can Affect More Than Your Criminal Case
The criminal charge may be only one part of what you are dealing with. Soon after an arrest, a judge may set bond conditions, limit contact with another person, or place other restrictions on you while the case is pending.
At the same time, the case may affect several areas of your life:
- Freedom and your record: A conviction may lead to jail, probation, fines, court costs, classes, treatment, or a criminal record.
- Your home and family: A no-contact order may keep you away from a person or home. Domestic violence may also become an issue in a child custody or parenting-time case.
- Your rights and future: A conviction may affect firearm rights, employment, professional licenses, housing, and background checks.
Because the effects can reach beyond the criminal case, it is important to understand your options before entering a plea or making more statements about what happened. A criminal defense attorney can review the charge, explain what the State must prove, and help you understand how the case may affect the rest of your life.
What Is Domestic Battery Under Indiana Law?
People often search for a “domestic violence charge.” However, one of the main criminal charges used in Indiana is called domestic battery.
Under Indiana Code § 35-42-2-1.3, a person can commit domestic battery by knowingly or intentionally touching a family or household member in a rude, insolent, or angry manner. The statute also covers placing bodily fluid or waste on a family or household member in that manner.
The basic charge does not require a serious injury. An allegation involving pushing, grabbing, striking, or other unwanted physical contact may lead to a domestic battery charge.
Still, an accusation does not prove the case. The State must prove each part of the charge beyond a reasonable doubt.
Why the Relationship Matters
For a domestic battery charge, the State must also prove that the other person qualifies as a family or household member under Indiana law.
That definition can include a current or former spouse, dating partner, someone with whom you share a child, certain relatives, and some other family or caregiving relationships. The people do not have to live together for the law to apply.
This matters because the relationship between the people involved is one of the facts the State must prove in a domestic battery case.
Is Domestic Battery
a Misdemeanor or Felony in Indiana?
The level of a domestic battery charge depends on the facts of the case. Basic domestic battery is generally a misdemeanor, but certain circumstances can raise the charge to a felony.
Class A Misdemeanor Domestic Battery
Basic domestic battery is generally a Class A misdemeanor in Indiana. A Class A misdemeanor can carry up to one year in jail.
This level usually applies when no fact exists that raises the offense to a felony.
When Domestic Battery Becomes a Felony
A domestic battery charge may become a Level 6 felony based on factors such as certain prior convictions, the presence of a child, an existing protection or no-contact order, or other circumstances listed in Indiana law. A Level 6 felony can carry six months to two and one-half years.
More serious cases may be charged as a Level 5 felony or higher. This can happen when the allegations involve serious injuries, a deadly weapon, pregnancy, certain prior offenses, or other serious facts. A Level 5 felony can carry one to six years, while higher-level felonies carry greater possible penalties.
Why the Charge Level Matters
The level of the charge affects the possible sentence and may also affect your record and future.
You can learn more about Indiana misdemeanor charges and felony charges.
These are possible sentencing ranges. They do not predict what will happen in a specific case.
Other Charges That
May Follow a Domestic Dispute
A domestic dispute can lead to more than one criminal charge. The exact charges depend on what police believe happened during the incident.
Common related charges may include:
- Strangulation: Allegations involving pressure to the neck, throat, or torso, or blocking the nose or mouth in a way that affects breathing or blood flow.
- Criminal confinement or intimidation: Claims that someone was prevented from leaving or was threatened during the incident.
- Harassment, stalking, or criminal mischief: Repeated contact, unwanted conduct, or damage to property may lead to additional charges.
- Invasion of privacy: Violating certain protection orders or no-contact orders may result in a separate criminal charge.
One incident can lead to several allegations, so the defense should review the entire event and how the charges relate to each other.
A No-Contact Order Can Change
Your Daily Life Right Away
A judge may issue a no-contact order after a domestic violence arrest.
Depending on the order, you may be prohibited from:
- Calling, texting, emailing, or messaging the protected person
- Contacting the person through social media or another individual
- Going to a home, workplace, school, or other place named in the order
Read the actual order carefully.
Most importantly, do not assume the other person can give you permission to ignore it.
If the protected person calls, texts, or asks to meet, the court order may still prevent you from responding. Violating the order can create a new criminal problem and may also affect your bond.
If the situation changes, speak with your lawyer about asking the court to change the order. Do not change the rules yourself.
What About a Protection Order?
A protection order is separate from a no-contact order in a criminal case, although both may limit contact between the people involved. Depending on the situation, a protection order may restrict communication, contact, or access to certain places.
If a protection order is involved in your case, make sure you understand exactly what it requires and how it may affect the criminal case.
What Happens After a
Domestic Violence Arrest in Indiana?
The first few days after an arrest can be confusing. Understanding the basic process can help you avoid mistakes.
Release and Bond
Indiana law places special limits on release after some arrests involving domestic or family violence.
Under Indiana Code § 35-33-8-6.5, a person arrested for certain listed offenses involving a family or household member may not be released on bail until at least 24 hours after the arrest.
The court may then set bond and other conditions of release.
The Initial Hearing
The initial hearing is often the first time you appear before a judge after the charge is filed. The judge will explain the charge, advise you of your rights, and address the rules you must follow while the case is pending.
The court may address:
- Bond and release conditions: The judge may set or review bond and explain any conditions you must follow to remain out of custody.
- No-contact restrictions: The court may order you to have no contact with the other person or stay away from certain locations.
- Weapons or other restrictions: Depending on the case, the court may place limits on firearms, alcohol, travel, or other conduct while the case is pending.
- Future court dates: The judge will explain what happens next and when you must return to court.
These conditions can affect your daily life right away. Read every court order carefully and follow it exactly. Missing court or violating a release condition can create additional problems in the case.
Reviewing the Evidence
Your lawyer can obtain the State’s evidence through the discovery process.
Instead of relying on one police report, a defense may compare several types of evidence:
- Statements: Police reports, witness interviews, 911 recordings, and statements made by the people involved.
- Physical evidence: Photos, medical records, damaged property, clothing, or items collected by police.
- Electronic evidence: Text messages, emails, social media, phone records, security video, or body-camera footage.
The goal is to understand what happened before, during, and after the incident.
A Domestic Violence Charge
Can Affect Your Home, Family, and Future
Before you make a major decision about your case, understand what the State must prove and how each option may affect you.
Call (219) 791-1700 or complete our contact form to schedule a consultation.
How a Merrillville Domestic Violence
Defense Attorney Reviews the Case
A police report tells one version of what happened. It does not decide whether someone is guilty.
A careful defense looks at the full event and compares the accusation with the evidence.
What Happened Before Police Arrived?
Context can matter.
Texts, calls, earlier arguments, witness statements, and other records may explain what led to the encounter and what each person was doing.
That does not excuse criminal conduct. However, it may change how the evidence should be understood.
Do the Statements Match the Evidence?
A lawyer may compare the statements in the case with photos, video, medical records, body-camera footage, 911 recordings, and witness accounts.
Important questions can include:
- Did the accounts change?
- Do the claimed injuries match what was reported?
- Does the video show the entire event or only part of it?
- Did another witness see or hear what happened?
The goal is not to assume anyone is telling the truth or lying. The goal is to test each claim against the evidence.
Does Self-Defense Apply?
Indiana law allows reasonable force in some situations to protect yourself or another person.
Whether self-defense applies depends on the facts. Important questions may include who started the physical contact, what threat existed, and whether the amount of force used was reasonable.
Can the State Prove Intent?
Domestic battery requires knowing or intentional conduct.
An accidental touching or an unclear physical encounter may raise a different issue from an intentional act.
The State must prove the required state of mind.
Can the State Prove the Felony Charge?
Sometimes the main dispute involves the facts used to raise a misdemeanor to a felony.
For example, the defense may need to examine the claimed injury, prior criminal history, presence of a child, use of a weapon, or existence of a court order.
The State must prove the facts that make the charge a felony too.
How Can a Domestic Violence Case
Be Resolved in Indiana?
Every case is different. The available options depend on the charge, the evidence, and what the State can prove.
Dismissal or a Challenge to the Charge
A domestic violence case may be challenged when there are problems with the evidence, conflicting statements, missing proof, or other weaknesses in the State’s case.
The alleged victim does not decide whether charges are dropped. Once a criminal case is filed, that decision belongs to the prosecutor. However, problems with the evidence may affect whether the case continues as filed.
A Negotiated Resolution
Some cases are resolved through an agreement with the prosecutor.
Depending on the facts, that may involve a different charge, probation, classes, treatment, or other conditions. Before accepting an agreement, it is important to understand how it may affect your record, family, firearm rights, and future.
Trial
If the case cannot be resolved, the defense may prepare for trial.
At trial, the State must prove the charge beyond a reasonable doubt. The defense may challenge the State’s evidence, question witnesses, and present defenses supported by the facts.
No lawyer can promise a specific result. The right path depends on the facts of the case and the options available.
What Should You Do
After a Domestic Violence Arrest?
What you do after an arrest can affect your case.
Follow Every Court Order
Read your bond conditions and no-contact order carefully. Do not contact someone the court has told you to avoid, even through a friend or family member.
If you need access to a home, vehicle, belongings, or children, talk with your attorney about the proper way to handle it.
Save Evidence
Keep anything that may help explain what happened, including:
- Messages and call records
- Photos, video, or security footage
- Receipts or location records
- Witness names and contact information
Write down what you remember while it is fresh. Do not delete, alter, or create evidence.
Be Careful What You Say
You have the right to remain silent. Do not assume another explanation to police will make the case go away. Also, avoid discussing the case on social media. Statements made after the arrest can become evidence.
Speak With a Lawyer Early
Evidence can disappear and memories can fade. An early review gives your lawyer more time to preserve evidence and identify issues that may matter to the defense.
Domestic Violence Charges and Child Custody
A criminal case and a family-law case are separate, but domestic violence allegations or convictions may still affect child custody or parenting time.
Under Indiana Code § 31-17-2-8, courts may consider evidence of a pattern of domestic or family violence when deciding what custody arrangement is in a child’s best interests.
An arrest alone does not decide custody. However, if you are also involved in a divorce, custody, or parenting-time dispute, decisions made in the criminal case may affect issues outside the criminal courtroom.
A Domestic Battery Conviction
Can Affect Firearm Rights
Firearm rights are another issue that should be considered before resolving a domestic battery case.
Under Indiana Code § 35-47-4-6, a person convicted of domestic battery may be prohibited from possessing a firearm unless firearm rights are later restored under Indiana law.
Federal firearm restrictions may also apply. If firearms are important to your work, hunting, home, or daily life, tell your lawyer before entering a plea.
The time to understand these consequences is before the case is resolved.
Domestic Violence Defense in
Merrillville and Lake County
A domestic violence case can create both immediate and long-term problems. You may be dealing with a criminal charge while also trying to understand where you can live, whether you can contact family members, and how the case may affect your children.
The Law Office of Roseann P. Ivanovich is based in Merrillville and represents clients facing criminal charges throughout Lake County and Northwest Indiana.
Because the firm handles both criminal defense and family law matters, we understand that a domestic violence charge may overlap with other legal concerns. A no-contact order, custody dispute, divorce, or protection order may affect decisions made in the criminal case.
Our goal is to help you understand how these issues connect and make informed decisions about what comes next.
Why Hire Our Merrillville
Domestic Violence Defense Firm?
A domestic violence charge is personal. You need more than a quick review of the police report. You need a lawyer who will listen to what happened, examine the evidence, and explain how the case may affect the rest of your life.
More Than 20 Years of Legal Experience
Attorney Roseann P. Ivanovich has more than two decades of legal experience.
Her practice includes both criminal defense and family law. That experience can be important when a criminal charge overlaps with custody, divorce, parenting time, or another family matter.
We Listen Before Building the Defense
Domestic cases often involve a history that cannot be explained in one police report.
We take time to understand what happened before the incident, what happened when police arrived, and what has happened since. Then, we compare your account with the available evidence.
Clear Answers Without Legal Jargon
You should understand what you are charged with and what may happen next. We explain the law and court process in plain language so you can make informed decisions instead of guessing about your future.
Careful Review of the Evidence
Domestic violence cases may involve far more than one person’s statement.
We may review police reports, body-camera footage, recordings, photos, messages, medical information, and witness accounts. The facts that matter will depend on your case.
Frequently Asked Questions
About Domestic Violence Charges in Indiana
No. Basic domestic battery is generally a Class A misdemeanor. Certain facts can increase the charge to a felony. Those facts may include prior convictions, injuries, weapons, the presence of a child, or other circumstances listed in Indiana law.
No. The basic Indiana domestic battery law does not require an injury. Knowingly or intentionally touching a family or household member in a rude, insolent, or angry manner may be enough for the basic charge.
Yes. Indiana law can apply to former spouses, former dating partners, and certain other past family or household relationships.
The other person does not decide whether the criminal case continues. The prosecutor makes that decision after considering the evidence and circumstances.
Follow the court order. If a no-contact order prevents you from contacting the other person, do not assume you can respond simply because they contacted you first. Talk with your lawyer about the situation.
They can. Indiana courts may consider evidence of domestic or family violence when making custody decisions. A criminal conviction can also raise other parenting-time issues.
An arrest alone does not automatically decide custody.
Yes. Indiana law restricts firearm possession after a domestic battery conviction unless firearm rights are restored. Federal law may also apply.
You have the right to remain silent and speak with an attorney.
A statement that seems helpful at first may later become evidence. Consider getting legal advice before answering questions about the accusation.
You can contact a lawyer after an arrest, when you learn about a warrant, or when you believe you are under investigation.
Early advice may help you understand court orders, protect evidence, and avoid mistakes that could create more problems.
Speak With a Merrillville Domestic Violence Defense Attorney
A domestic violence accusation can affect your freedom, record, family, and future. However, an accusation is not the end of the case. The State still has to prove the charge, and you have the right to defend yourself.
The Law Office of Roseann P. Ivanovich represents clients facing domestic battery and related criminal charges in Merrillville, Lake County, and across Northwest Indiana.
We will listen to your side, review the evidence, explain the charge, and help you understand the choices in front of you.
Do not rush into a decision simply because you want the case to end. First, understand what that decision may mean for your record, your family, and your future.