Definitions of Domestic Violence - Indiana

Date:

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. §§ 31-9-2-29.5; 31-9-2-42

'Crime involving domestic or family violence' means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:

  • A homicide offense
  • A battery offense
  • Kidnapping or confinement
  • A sex offense
  • Robbery
  • Arson or mischief
  • Burglary or trespass
  • Disorderly conduct
  • Intimidation or harassment
  • Voyeurism
  • Stalking
  • An offense against the family under §§ 35-46-1-2 through 35-46-1-8 or §§ 35-46-1-12, 35-46-1-15.1, or 35-46-1-15.3
  • Human and sexual trafficking crimes
  • A crime involving animal cruelty and a family or household member

'Domestic or family violence' means, except for an act of self-defense, the occurrence of one or more of the following acts committed by a family or household member:

  • Attempting to cause, threatening to cause, or causing physical harm to another family or household member without legal justification
  • Placing a family or household member in fear of physical harm without legal justification
  • Causing a family or household member to involuntarily engage in sexual activity by force, threat of force, or duress
  • Abusing, torturing, mutilating, or killing an animal without justification with the intent to threaten, intimidate, coerce, harass, or terrorize a family or household member

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. §§ 35-31.5-2-76; 35-31.5-2-78

A 'crime involving domestic or family violence' means a crime that occurs when a family or household member commits, attempts to commit, or conspires to commit any of the following against another family or household member:

  • A homicide offense under § 35-42-1
  • A battery offense under § 35-42-2
  • Kidnapping or confinement under § 35-42-3
  • Human and sexual trafficking crimes under § 35-42-3.5
  • A sex offense under § 35-42-4
  • Robbery under § 35-42-5
  • Arson or mischief under § 35-43-1
  • Burglary or trespass under § 35-43-2
  • Disorderly conduct under § 35-45-1
  • Intimidation or harassment under § 35-45-2
  • Voyeurism under § 35-45-4
  • Stalking under § 35-45-10
  • An offense against family under §§ 35-46-1-2 through 35-46-1-8, 35-46-1-12, 35-46-1-15.1, or 35-46-1-15.3
  • A crime involving animal cruelty and a family or household member under § 35-46-3-12(b)(2) or § 35-46-3-12.5

'Crime of domestic violence' means an offense or the attempt to commit an offense that has as an element of the use of physical force or threatened use of a deadly weapon and is committed against a family or household member, as defined in § 35-31.5-2-128.

Persons Included in the Definition

Citation: Ann. Code §§ 31-9-2-44.5; 35-31.5-2-128

In civil and criminal law: An individual is a 'family or household member' of another person if the individual:

  • Is a current or former spouse of the other person
  • Is dating or has dated the other person
  • Is engaged or was engaged in a sexual relationship with the other person
  • Is related by blood or adoption to the other person
  • Is or was related by marriage to the other person
  • Has or previously had an established legal relationship:
    • As a guardian of the other person
    • As a ward of the other person
    • As a custodian of the other person
    • As a foster parent of the other person
    • In a capacity with respect to the other person similar to those listed above
  • Has a child in common with the other person

An individual is a 'family or household member' of both persons listed above if the individual is a minor child of one of the persons.