Police Response and Domestic Violence Charges in Indiana

This article provides a general overview of how law enforcement and the criminal justice system typically handle domestic violence situations in Indiana. It is important to understand that this information does not substitute for personalized legal advice.

Police Response to Domestic Violence Calls

When police officers receive a domestic violence call in Indiana, they respond promptly to ensure safety. Upon arrival, officers assess the situation by interviewing involved parties, witnesses, and evaluating any visible injuries or damages. The primary focus is to prevent further harm and protect vulnerable individuals.

Deciding on Arrests

An officer may decide to make an arrest if there is probable cause to believe that domestic violence has occurred. Factors influencing this decision typically include evidence of physical harm, witness accounts, and the offender's threat level. Arrests can be made even without the survivor’s request if the officer determines an immediate risk exists.

Incident Reports, Arrests, and Prosecutor Charges

It is helpful to understand the distinctions between these terms:

• Incident Report: A written record created by police documenting the domestic violence call and observations. It does not by itself lead to charges.
• Arrest: The physical detention of a suspect based on probable cause. Arrest is a law enforcement decision.
• Prosecutor’s Decision: The prosecutor reviews evidence and decides whether to file formal charges and what specific offenses to pursue. This is separate from the officer’s arrest decision and independent from the survivor’s wishes.

Post-Arrest Procedures

Following an arrest, the individual may be held in jail until a hearing. At an initial hearing, a judge determines conditions for release such as bail, no-contact orders, or electronic monitoring. These conditions aim to balance public safety with individual rights while the case proceeds through the court system.

Prosecutor’s Control Over Charges

In Indiana, bringing charges or dropping them is solely under the prosecutor’s discretion. Even if a survivor desires filing or dismissing charges, only the prosecutor can make that formal decision based on the evidence and legal standards.

Overlap with Protection Orders and Custody Cases

Criminal domestic violence cases often intersect with civil matters like protective orders and child custody proceedings. While criminal cases focus on law violations and penalties, protection orders address immediate safety and custody cases determine parental rights. Although separate, outcomes in each can influence the others.

This summary is general and does not replace consultation with a qualified attorney for individualized guidance.

For further support and related resources, visit DV Support.