Domestic Battery Lawyer in Indianapolis
Charged with domestic battery? Let me show you how I can help.
Charged with domestic battery? Call Wynn. (317) 832-1182
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By Myekeal Wynn, Attorney at Law
An argument got loud. Someone called the police. Now you're charged with domestic battery, there may be a no-contact order keeping you out of your own home, and you're trying to figure out what happens next.
Here's what I want you to know: a charge is not a conviction. The State has to prove its case. My job is to make them.
What's at stake
Your gun rights. A domestic battery conviction can take away your right to own firearms under federal law, even for a misdemeanor.
Your family. A no-contact order can keep you from your home and your kids while the case is open.
Your record. A conviction follows you into job applications, housing, and custody cases.
Your freedom. Prior convictions or certain facts can raise the charge to a felony.
How Indiana charges domestic battery
Domestic battery is touching a family or household member in a rude, insolent, or angry manner. The State does not have to prove an injury for the basic charge. Ind. Code § 35-42-2-1.3(a).
The basic charge. Class A misdemeanor. Ind. Code § 35-42-2-1.3(a).
It becomes a Level 6 felony when:
There is a prior battery or strangulation conviction. Ind. Code § 35-42-2-1.3(b)(1).
A child under 16 was present. The person is at least 18 and knew the child was there and might see or hear it. Ind. Code § 35-42-2-1.3(b)(2).
It results in moderate bodily injury. Ind. Code § 35-42-2-1.3(b)(3).
The other person is under 14 and the person charged is at least 18. Ind. Code § 35-42-2-1.3(b)(4).
The other person has a mental or physical disability and is in the care of the person charged. Ind. Code § 35-42-2-1.3(b)(5).
The other person is an endangered adult. Ind. Code § 35-42-2-1.3(b)(6).
A protective order or no-contact order was in effect. Ind. Code § 35-42-2-1.3(b)(7).
It becomes a Level 5 felony when:
It results in serious bodily injury. Ind. Code § 35-42-2-1.3(c)(1).
It is committed with a deadly weapon. Ind. Code § 35-42-2-1.3(c)(2).
It results in bodily injury to a pregnant person, and the person charged knew of the pregnancy. Ind. Code § 35-42-2-1.3(c)(3).
There is a prior battery or strangulation conviction against the same person. Ind. Code § 35-42-2-1.3(c)(4).
It results in bodily injury to a person under 14, a person with a disability in the care of the person charged, or an endangered adult. Ind. Code § 35-42-2-1.3(c)(5).
The most serious injuries to a child or an endangered adult carry higher felony levels. Ind. Code § 35-42-2-1.3(d) to (f).
Who counts as a family or household member
The definition is broader than most people expect. It includes a current or former spouse, someone you are dating or have dated, someone you have or had a sexual relationship with, and relatives by blood, adoption, or marriage. Ind. Code § 35-31.5-2-128.
What the penalties can be
Class A misdemeanor. Up to one year in jail and a fine of up to $5,000. Ind. Code § 35-50-3-2.
Level 6 felony. Six months to two and one-half years, and a fine of up to $10,000. Ind. Code § 35-50-2-7.
Level 5 felony. One to six years. Ind. Code § 35-50-2-6.
These are the maximums the statutes allow, not a prediction of what will happen in your case.
The no-contact order
Courts often order no contact as a condition of release, sometimes before you have had a hearing. Ind. Code § 35-33-8-3.6.
It can put you out of your own home and away from your children while the case is open.
Violating it is a new criminal charge, called invasion of privacy. Ind. Code § 35-46-1-15.1.
Contact that the other person starts still counts. Only the judge can change the order.
It can be modified. When the facts support it, I ask the court to change the order so you can go home or see your kids. More on changing a no-contact order.
Your gun rights
A person convicted of a crime of domestic violence may not possess a firearm under Indiana law. A petition to restore that right cannot be filed until at least five years after the conviction. Ind. Code § 35-47-4-7. Federal law has its own firearm ban for misdemeanor crimes of domestic violence. 18 U.S.C. § 922(g)(9).
How I defend you
I get the full story. Police reports are written fast and from one side. I get the 911 call, body cam, photos, and witness statements.
I look for the weak points. Self-defense, inconsistent statements, no independent witnesses, injuries that don't match the story.
I address the no-contact order. When it makes sense, I ask the court to modify it so you can get back to your home or your kids.
I prepare for trial. I take cases to trial. When the prosecutor knows you're ready to fight, it changes the conversation.
What the State has to prove
The State carries the burden on every element, beyond a reasonable doubt. A police report is not proof.
A knowing or intentional touching. An accident is not battery.
Rude, insolent, or angry. The State has to prove the manner of the touching, not just that it happened.
The relationship. The State must prove the other person is a family or household member under the statute.
The enhancements. Each fact that raises the charge to a felony has to be proven too: the injury, the prior conviction, or the child’s presence.
Self-defense. You are allowed to protect yourself. When the evidence raises it, the State has to disprove it.
Common questions
Can the other person drop the charges? No. The prosecutor decides whether the case goes forward, not the person who called the police.
Do I have to be married to or living with the person? No. Dating, a past relationship, and family relationships all count under the statute.
Can I go home if there is a no-contact order? Not until a judge changes the order. Going back before then can lead to a new charge.
Will I lose my gun rights for a misdemeanor? A domestic battery conviction can cost you the right to possess a firearm, even as a misdemeanor.
What happens next
Free consultation. Call or book online. If you book online, we'll call you within 24 hours to set up a phone or Zoom consultation. We go over the charge, your court date, and any no-contact order.
Evidence. I request discovery: reports, recordings, and statements.
Strategy. We decide together: fight at trial, negotiate, or seek a dismissal.
Court. I stand with you at every hearing.
Related: protective order defense, warrants, probation violations, criminal defense.
Don't face this charge alone
The sooner you call, the sooner I can start protecting your rights. Free consultation. Payment plans and financing through Affirm. Calls answered 24/7.
Call Wynn. (317) 832-1182
Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.
Tell me what happened
Tell me about the charge, the county, your next court date, and any no-contact order. I will review it and reach out to set up your free consultation.