Definitions of Domestic Violence - Indiana
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.