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A domestic battery arrest often happens fast, after an argument at home and a 911 call, and the consequences start right away. Many people leave jail with a no contact order that keeps them out of their own home and away from their partner or children before the case has even begun. Domestic battery in Indiana covers a battery committed against a spouse, former spouse, dating partner, someone you live with or have lived with, someone you share a child with, or certain other family or household members.
Domestic battery is generally a Class A misdemeanor, carrying up to a year in jail and a fine of up to 5,000 dollars. It becomes a Level 6 felony in situations like a prior domestic battery conviction, or when the offense is committed in the physical presence of a child under 16 who the person knew was present. It can be charged as a Level 5 felony or higher with serious bodily injury, a deadly weapon, or certain prior convictions. Beyond the sentence, a domestic battery conviction carries consequences most other misdemeanors don’t, including a federal ban on possessing firearms, a label that shows up on background checks, and effects on custody and parenting time.
These cases are often more complicated than the police report suggests. Arrests frequently happen based on a quick decision at the scene, sometimes with both people injured or with conflicting stories. The defense may focus on whether the person acted in self-defense, inconsistencies in statements, what 911 recordings and body camera footage actually show, whether injuries match the account given, and whether the alleged victim’s statements can even be used if they don’t testify. Indiana prosecutors, not the alleged victim, decide whether a case moves forward, so a partner who wants to drop the charges can’t end the case alone.
At RileyCate, we defend domestic battery charges with attention to both the criminal case and what’s at stake at home, including no contact orders, protective orders, and related family law matters. For battery charges that don’t involve a family or household member, see our Battery page.
Domestic battery cases affect your home, your family, and your rights all at once, and they call for attorneys who will challenge the evidence and are ready to go to trial. Will Riley and Russell Cate lead our criminal defense team. Russell Cate has more than 19 years of experience and has been selected as a Super Lawyer since 2013, and Will Riley’s Super Lawyers, Top 100 Trial Lawyers, and AV Preeminent recognition reflects the kind of trial-tested credibility that carries weight with prosecutors and judges alike.
Will and Russell personally oversee every case we take on, staffing it with the attorneys, associates, and staff the matter calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’ve been arrested for domestic battery, it’s important to understand the no contact order and your rights before taking any other step. We offer a consultation to review the charges and explain your options. Reach out to RileyCate today to speak with a domestic battery attorney.
