Domestic Violence: Indiana Definition

Indiana domestic violence law might be confusing and very difficult to understand by someone other than an attorney. Domestic violence is obviously much more than just "touching".

IC 35-42-2-1.3
Domestic battery
Sec. 1.3. (a) A person who knowingly or intentionally touches an individual who:
(1) is or was a spouse of the other person;
(2) is or was living as if a spouse of the other person as provided in subsection (c); or
(3) has a child in common with the other person;
in a rude, insolent, or angry manner that results in bodily injury to the person described in subdivision (1), (2), or (3) commits domestic battery, a Class A misdemeanor.
(b) However, the offense under subsection (a) is a Class D felony if the person who committed the offense:
(1) has a previous, unrelated conviction:
(A) under this section (or IC 35-42-2-1(a)(2)(E) before its repeal); or
(B) in any other jurisdiction, including a military court, in which the elements of the crime for which the conviction was entered are substantially similar to the elements described in this section; or
(2) committed the offense in the physical presence of a child less than sixteen (16) years of age, knowing that the child was present and might be able to see or hear the offense.
(c) In considering whether a person is or was living as a spouse of another individual in subsection (a)(2), the court shall review the following:
(1) the duration of the relationship;
(2) the frequency of contact;
(3) the financial interdependence;
(4) whether the two (2) individuals are raising children together;
(5) whether the two (2) individuals have engaged in tasks directed toward maintaining a common household; and
(6) other factors the court considers relevant.
As added by P.L.188-1999, SEC.6. Amended by P.L.47-2000, SEC.3; P.L.221-2003, SEC.18;
P.L.129-2006, SEC.1.

Source: Indiana Code 35-42-2-1.3

From July 2003 to June 2004, there were 93,618 calls to Indiana's crisis hotline.
During the same period of time there were 60 domestic violence related deaths in Indiana.
In 2003 Indiana provided emergency shelter to 4,414 adults and 4,365 children.
34% of the adults in emergency shelters were between the ages of 26-35; 27% were between the ages of 36-45; and 26% between 18-25.

Source: National Coalition Against Domestic Violence

Keep In Mind:

The National Coalition Against Domestic Violence Sees The Problem Like This:

"Domestic violence may include not only the intimate partner relationships of spousal, live-in partners and dating relationships, also familial, elder and child abuse may be present in a violent home. Abuse generally falls into one or more of the following categories: physical battering, sexual assault and emotional or psychological abuse, and generally escalates over a period of time."

Source: National Coalition Against Domestic Violence

"Definitions" of domestic violence contained in state laws are furnished for information purposes only. No one at Life's New Beginnings is an attorney and we are not attempting to render any legal interpretation of domestic violence laws in any state. We are reading the statutes and giving our own opinions.

State laws can change regularly and individual state resources should be consulted for the most current statutes and definitions.