What You Need to Know About Domestic Battery Charges in Indiana
If You’ve Been Charged with Domestic Battery or a Related Offense Facing a domestic battery or related
charge in Indiana is a serious matter. Whether the charge is a misdemeanor or a felony, the court process can be confusing—and the consequences of a misstep can be severe. Here are some critical tips to protect yourself and your case.
1. Follow the No Contact Order—NO EXCEPTIONS
If a court has issued a No Contact Order (often standard in domestic battery cases), you are legally prohibited from reaching out to the protected person in any way. This includes phone calls, texts, emails, social media messages, and in-person contact. It also includes indirect contact, like sending messages through friends or family members.
It doesn’t matter who reaches out first. Even if the protected person contacts you, begs you to talk, or says everything is fine now—you CANNOT respond. A No Contact Order is a one-way street:
• The protected person is not under a legal obligation, but you are.
• If you respond even once, you risk having your bond revoked and being held in jail until your case is
resolved.
• You could also face new criminal charges for Invasion of Privacy or other violations.
2. Jail Calls Are Recorded—Don’t Try to Get Around It
If you are in custody, every single phone call from the jail is recorded and monitored. Prosecutors listen.
• Don’t try to “talk in code” or be clever. It never works.
• Talking about the case on jail calls, especially to the protected person, can severely damage your defense and result in additional charges.
3. Don’t Try to Influence Witnesses—It Can Backfire Badly
Trying to talk someone out of testifying, asking them to change their story, or encouraging them to “not show up” to court is a crime—Obstruction of Justice, a felony under Indiana Code § 35-44.1-2-2.
• Even suggesting that someone “not cooperate” or “not press charges” can be used against you.
• These actions almost always come to light, and they make things much worse.
4. You Cannot Possess a Firearm—Period
If you are charged with a felony, even before you are convicted, you are legally prohibited from possessing a firearm under Indiana Code § 35-47-4-6.
• Possession of a firearm while under felony charges can result in additional felony charges.
• If you own firearms, you need to make arrangements for someone else to store them lawfully—do not keep them in your home or vehicle.
5. “The Victim Wants to Drop the Charges” Doesn’t Mean the Case Goes Away
In Indiana, domestic battery and related offenses are prosecuted by the State of Indiana, not by the individual who made the complaint.
• The case is titled State of Indiana v. [Your Name]—not the alleged victim versus you.
• Even if the alleged victim wants the case dropped, the prosecutor does not have to dismiss the case. They can (and often do) move forward without the alleged victim's cooperation.
6. If You Are Not a U.S. Citizen—You Face Additional Risks
If you are not a U.S. citizen—whether you are here on a visa, green card, or undocumented—a domestic violence-related charge can have devastating immigration consequences.
• Convictions for domestic battery, strangulation, or similar charges may lead to deportation, inadmissibility, or the denial of citizenship.
• Even dismissed charges or plea agreements to lesser charges can trigger immigration review.
• You should never accept a plea or make statements about your case without consulting both your criminal defense attorney and an immigration attorney.
Final Advice: Protect Yourself
• Don’t talk about your case with anyone except your attorney.
• Stay away from the protected person, even if they try to see you.
• Follow the court’s orders exactly as written.
• Call your lawyer with any questions before you act. One bad decision can turn a manageable case into a major problem. Your case is serious, but if you follow your lawyer’s advice and obey the court’s orders, you give yourself the best chance of a favorable outcome.
