Indiana Family Court and Domestic Violence
An overview of how Indiana family courts may consider domestic violence in custody and parenting decisions.
Domestic Violence in Indiana Family Court
How Indiana Family Courts Fit In
In Indiana, family courts handle issues like decision-making for children, time with each parent, and financial support. When there is a history of domestic violence, the court may look at safety, past behaviour, and the impact on children before making orders.
This information is general and may not reflect every situation. Court practices can change, and details depend on the specific judge and county. For advice about a particular case, a qualified Indiana family law lawyer is important.
Main Decisions Indiana Family Courts Make
Legal Custody
Legal custody usually refers to who can make major decisions about a child’s life, such as education, health care, and religion. In Indiana, the court may order:
- Joint legal custody – both parents share in major decisions.
- Sole legal custody – one parent makes major decisions.
Where there has been domestic violence, the court may be more cautious about ordering joint legal custody, especially if communication is unsafe or one parent uses decision-making to control or intimidate the other.
Physical Custody and Parenting Time
Physical custody and parenting time cover where a child lives day to day and when the child is with each parent. Courts often follow general parenting time guidelines, but they can change these when family violence or safety concerns exist.
Orders can include:
- A primary home with one parent and scheduled time with the other.
- Shared time if it appears manageable and safe.
- Limits or conditions on parenting time when there are safety concerns.
Child Support and Sometimes Spousal Support
Indiana courts can order child support and, in some cases, spousal maintenance. These are usually based on incomes, needs, and standard guidelines. Domestic violence may not change the basic formula, but it can affect how money is transferred, communication about payments, and whether certain support is appropriate.
How Domestic Violence History Can Be Raised
A history of domestic violence can become part of a family court case in different ways. It may be raised by a survivor, by another witness, or appear through records already in the system.
Ways It May Come Before the Court
- Court filings – information in petitions, responses, or affidavits about past harm, threats, or controlling behaviour.
- Testimony – what each person and other witnesses say in court, under oath.
- Documents – text messages, emails, medical records, school reports, photographs, or other written materials.
- Reports from professionals – where allowed, the judge may receive reports from custody evaluators, child protection agencies, or other professionals.
Child-Focused “Best Interest” Factors
Family courts in Indiana are expected to make decisions based on what is in the “best interests” of the child. Laws describe many factors judges may consider. In plain language, courts generally look at:
- Safety and stability – whether each home is safe, calm, and predictable for the child.
- Child’s relationship with each parent – how the child and each parent interact and whether the child feels secure.
- History of violence or abuse – any pattern of physical, emotional, or other abuse, including threats or harassment, and the risk of it continuing.
- Child’s needs – health, schooling, cultural and social needs, and who is meeting these needs.
- Ability to co‑parent safely – whether parents can communicate in a business-like, safe way without exposing children to conflict.
- Child’s preferences – depending on age and maturity, a judge may listen to what a child wants, while still focusing on safety.
- Substance use and mental health – whether either parent has issues that affect parenting or safety, and whether they are getting support.
Domestic violence can affect many of these areas. Courts may see repeated controlling behaviour, stalking, or threats as signs that joint decision-making or unsupervised contact could be unsafe or stressful for the child.
How Protection Orders and Criminal Records May Be Used
Protection Orders
In Indiana, a civil protection order (often called a restraining order in everyday language) is a court order that can place limits on contact and behaviour. In family cases, a judge may look at:
- Whether there is a current protection order in place.
- Past protection orders, even if they have expired.
- Any violations of those orders.
These can be used as evidence that there have been safety issues in the past. A judge may adjust parenting orders so they do not conflict with existing protection orders, or may update those orders to reflect new parenting schedules.
Criminal Records
Criminal charges or convictions related to family violence, child abuse, stalking, or similar behaviour can also be considered. The court may look at:
- The type and seriousness of any charges or convictions.
- How recent they are and if there is a pattern over time.
- Whether the person has completed programs, counselling, or probation terms.
Even without a conviction, information from police reports, incident reports, or witness statements may be introduced as part of the broader picture of risk and safety. What a judge can rely on will depend on the rules of evidence and the specific case.
Safety-Focused Outcomes the Court May Consider
When there is concern about domestic violence, Indiana family courts can shape parenting orders to reduce risk while still supporting a child’s relationship with each parent where it is considered safe.
Supervised Parenting Time
One option is parenting time supervised by a trusted third person or a professional centre. Supervision can:
- Help protect the child from witnessing further abuse or conflict.
- Reduce opportunities for intimidation or questioning about the court case.
- Create a record if concerns continue during visits.
Supervised time is sometimes temporary, with the court reviewing it later, or it may be kept in place longer if risks remain.
Limits and Conditions on Contact
Judges may add specific rules to parenting orders to lower the risk of conflict and unsafe contact, such as:
- Exchange of the child at a neutral public location or through a third party.
- No in‑person contact between the adults, or only brief contact.
- Communication limited to written methods like email or parenting apps, often for practical information only.
- Restrictions on substance use (for example, no alcohol before or during parenting time).
- Requirements to complete certain programs, such as parenting or non‑violence programs.
Adjusting Decision-Making and Parenting Schedules
Courts may:
- Grant one parent sole legal custody to avoid coercive contact where there is a pattern of control or abuse.
- Limit overnight time for a period of time.
- Order more structured schedules to reduce arguments and last‑minute changes.
These measures are generally intended to lower risks to both the child and the non‑abusive parent, while recognizing each family’s circumstances.
Why Legal Advice in Indiana Matters
Domestic violence and family law issues are complex. Rules in Indiana family courts can be different from those in other states or countries, and they can change over time. A lawyer licensed in Indiana can:
- Explain how current Indiana laws and local court practices apply to a specific situation.
- Help present information about violence or safety in a way that follows court rules.
- Suggest options for safer communication, exchanges, and evidence-sharing.
- Work with protection order processes and criminal cases where these are also involved.
If it is hard to afford a lawyer, there may be legal aid, sliding‑scale services, law school clinics, or limited-scope (unbundled) services in Indiana that provide specific help with documents or hearings.
Planning Around Safety and Court
Going to court with someone who has been violent or controlling can feel unsafe. Some people find it helpful to:
- Ask about separate waiting areas or staggered entry and exit times at the courthouse.
- Use a safe mailing address or confidential contact information where possible.
- Keep copies of key documents, orders, and messages organized and backed up.
- Reach out to trusted community services for non‑legal support, such as safety planning and emotional support.
These types of steps may help create some stability while the court process is ongoing.