Domestic violence accusations can bring fear and uncertainty. The legal terms may add to that stress because they cover specific conduct and relationships.
If you are facing an accusation, learning how the law defines domestic or family violence may help you understand what the case could involve. Your conduct, relationship with the other person and the type of case can all affect how authorities may treat the allegation.
Conduct that may qualify as domestic or family violence
In Indiana, the law covers several acts as domestic violence, except when someone acts in self-defense. The statutory definitions also explain which crimes and relationships the law covers. The law identifies several types of conduct:
- Physical harm or threats: Trying to hurt someone, threatening to hurt them or causing physical injury
- Fear of physical harm: Conduct that makes someone fear another person will physically harm them
- Sexual activity by force or pressure: Making someone take part in sexual conduct against their will through threatened force or coercion
- Animal abuse used to intimidate: Abusing, torturing, mutilating, or causing the death of a vertebrate animal to threaten, pressure, intimidate or frighten a household or family member
The criminal-law definition also identifies specific crimes committed, attempted or planned against another person with a qualifying relationship to you. These can include battery, confinement, stalking, harassment and certain sex offenses. The alleged conduct and the relationship may affect which charge prosecutors consider.
The relationship between the people matters
The law applies to more than current spouses or people who live together. A family or household member can include someone you are or were married to, someone you are dating or have dated, a person with whom you have or had a sexual relationship, a relative by blood or adoption or someone with whom you share a child. The category also includes certain relationships involving marriage, guardianship, custody or foster care.
That means a case may fall within the domestic or family violence rules even when the people no longer share a home or relationship. Even when the relationship qualifies, the alleged conduct generally needs to meet the elements of a crime.
How you can respond to an accusation
Take the allegation seriously, but remember that it may not prove you committed a crime. Follow any court orders and avoid contacting the other person if an order prohibits it.
You can also protect your account of events by saving relevant messages, records and other evidence. A criminal defense lawyer can review the facts with you and explain how the law may apply.