Domestic Violence, Police Response, and Criminal Charges in Indiana
What typically happens when domestic violence is reported to police in Indiana.
Police Response and Domestic Violence Charges in Indiana
This page gives general information about how police and prosecutors in Indiana may respond to domestic violence situations. It is not legal advice, and it does not replace speaking with a qualified lawyer about your specific situation.
How Indiana Police May Respond to Domestic Violence Calls
In Indiana, police generally treat domestic violence calls as priority calls. When officers arrive, they may:
- Separate the people involved to speak with them individually
- Ask what happened and when it happened
- Look for visible injuries or signs of a struggle
- Ask if there are weapons in the home
- Identify any children or other people who may be at risk
- Check if there are existing protection orders or past reports
Officers usually try to understand who they believe is the primary aggressor based on what they see and what they are told. They may also speak with neighbours or other witnesses if available.
Police practices can vary by county, city, and even by individual officer. What is described here is general information and may not match every situation.
When an Officer Might Decide to Make an Arrest
Indiana law sets out situations where an officer may arrest someone without a warrant. Generally, an officer might make an arrest in a domestic violence situation when they believe there is “probable cause” that a crime has been committed. Probable cause is a legal standard that means there are facts and information that would lead a reasonable person to think a crime likely occurred.
In deciding whether to arrest, an officer may consider, for example:
- Visible injuries (bruises, cuts, swelling, etc.)
- Statements from the people involved and any witnesses
- Damage to property, broken items, signs of forced entry
- Any history of prior calls to the same address
- Whether a weapon was used or threatened
- Whether there are protection orders that may have been violated
Some departments strongly encourage officers to arrest when they believe a domestic violence crime occurred, especially if injuries are present. However, the decision in any one situation is based on the officer’s judgment and local policy.
An arrest is about the officer’s assessment of the law and the evidence at that moment. It is not a finding of guilt. Only a court can decide guilt in a criminal case.
Incident Report vs. Arrest vs. Prosecutor’s Charges
It can be helpful to understand the difference between three separate steps in the criminal process: the police report, the arrest decision, and the prosecutor’s decision to file charges.
Incident or Police Report
- After responding to a call, officers often create a written report describing what they observed, who was involved, and what was said.
- The report may include photos, diagrams, and statements from people at the scene.
- A report can be written even if no arrest is made.
Arrest
- An arrest happens when a person is taken into custody and not free to leave.
- Police may make an arrest at the scene or later if they obtain a warrant.
- Being arrested does not mean charges are already filed in court.
Prosecutor’s Decision to File Charges
- After an arrest or report, the case is usually sent to the county prosecutor’s office.
- The prosecutor reviews the police reports, statements, and any other evidence.
- The prosecutor then decides whether to:
- File criminal charges
- File different or fewer charges than the arrest
- Delay filing while more information is gathered
- Decline to file charges
Because of this three-step structure, it is possible to have:
- A police report without an arrest
- An arrest without criminal charges being filed
- Criminal charges that are different from the original police arrest decision
Post-Arrest Process: Jail, Hearings, and Conditions of Release
When someone is arrested for a domestic violence–related offense in Indiana, several things may happen next.
Initial Detention in Jail
- The person arrested is typically taken to a local jail for booking (photographs, fingerprints, basic information).
- They may be held for a period of time before seeing a judge, sometimes until the next business day.
- In some counties, bond or bail may be set using a schedule; in others, a judge may need to review the case first.
Initial Hearing / First Court Appearance
At the first hearing (often called an initial hearing or arraignment), a judge usually:
- Informs the person of the charges that have been filed, if any
- Explains basic rights (such as the right to an attorney)
- Addresses bond or bail and release conditions
- Sets future court dates
Timelines and procedures vary by Indiana county. Some courts move faster than others, and weekends or holidays can affect how long someone remains in jail before their first hearing.
Conditions of Release
If the person is released from jail while the case is pending, the court often sets conditions, which may include:
- No contact with the person identified as the victim
- Staying away from a certain address (residence or workplace)
- Not possessing firearms or other weapons
- Not using alcohol or drugs, or following testing requirements
- Attending all scheduled court dates
These conditions are legally enforceable. Violating release conditions can lead to arrest, additional charges, or changes to bond.
The Prosecutor’s Control Over Charges
In Indiana, criminal charges are controlled by the prosecutor, not by the person who experienced the harm. This can feel confusing or frustrating for many people.
Some key points include:
- The prosecutor decides whether to file charges, what charges to file, and whether to change or dismiss charges later.
- The person identified as the victim can share information and preferences with the prosecutor’s office, but they do not “press” or “drop” charges in a legal sense.
- Even if the person who experienced the harm wants to stop the case, the prosecutor may choose to continue if they believe there is enough evidence and that proceeding is in the public interest.
- In some situations, prosecutors may continue a case even if the key witness is reluctant to testify, using other forms of evidence if available.
Communicating with the prosecutor’s office can sometimes help them understand safety concerns and practical needs. However, their legal duty is to the State of Indiana, not to either individual in the case.
How Criminal Cases May Overlap with Protection Orders
In Indiana, criminal domestic violence cases are separate from civil protection orders, but they often overlap.
Civil Protection Orders
- A person may apply to a civil court for an order of protection, regardless of whether criminal charges are filed.
- These orders can include rules such as no contact, stay-away distance, and temporary possession of a residence or personal property.
- Violating a protection order can lead to new criminal charges or additional consequences in an existing criminal case.
Interaction Between Criminal Orders and Protection Orders
Sometimes both a criminal no-contact order and a civil protection order are in place at the same time. In that situation:
- Both orders are legally important, and the stricter rules generally control behaviour.
- If the orders conflict, the person subject to them is usually expected to follow the most restrictive terms until the court makes changes.
- Court staff or a local attorney may help explain how multiple orders interact in a specific case.
How Criminal Cases May Affect Custody and Parenting Time
Domestic violence–related criminal cases in Indiana can also connect with family law issues such as custody and parenting time.
- Family courts may consider evidence of domestic violence, arrests, or convictions when making decisions about legal custody, physical custody, and parenting schedules.
- A criminal no-contact order or civil protection order may limit or temporarily stop contact between a parent and a child or require supervised parenting time.
- Changes in living arrangements caused by an arrest or no-contact order can influence where children live in the short term.
- Longer-term decisions are usually made by a family court judge after reviewing a broader set of information, which can include, but is not limited to, criminal case records.
Family law and criminal law are complex and can affect each other in many ways. Speaking with a lawyer who understands Indiana law is often important when custody and safety are both concerns.
Getting Information and Support
For information about services and supports related to domestic violence, including shelters, advocacy programs, and legal referral options, you can review resources listed at DV.Support. Many programs can explain local Indiana practices and help you think about safety and next steps.
This article is intended to give a general overview of how police response and domestic violence–related charges may work in Indiana. It is not tailored to any one situation and is not legal advice. Laws and procedures can change, and experiences can vary by county and court.