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
How Indiana Police Respond to Domestic Violence Calls
When police receive a call about domestic violence in Indiana, officers are trained to respond promptly and assess the situation. Their priority is to ensure safety at the scene. They may speak separately with all parties involved and any witnesses to understand what occurred. The officer's actions depend on what they observe and the information gathered.
When an Officer Decides to Make an Arrest
In Indiana, an officer may decide to make an arrest if there is probable cause to believe that domestic violence has occurred. This means the officer must have reasonable grounds based on evidence or witness statements. Arrests can happen even if the survivor does not want one. The decision to arrest is ultimately up to the police officer's judgment at the time.
Incident Reports, Arrests, and Prosecutor's Charges
An incident report is a document the police write to record what happened during their investigation at the scene. This report does not mean charges have been filed. An arrest involves taking a person into custody based on suspected criminal conduct. However, the arrest itself does not guarantee that formal charges will be filed.
After an arrest, the case is reviewed by the prosecutor, who decides whether to file charges and what charges to pursue. This decision is separate from the police report and is based on whether the prosecutor believes there is enough evidence to proceed.
The Post-Arrest Process
Following an arrest for domestic violence, the person arrested may be held in jail until a hearing. During this hearing, a judge reviews the case and decides on conditions of release. These conditions may include no contact orders or bail requirements. The length of detention before release varies depending on the circumstances and court schedules.
Prosecutor's Role in Charging Decisions
It is important to understand that the prosecutor—not the survivor—controls whether charges are filed and what those charges are. Prosecutors evaluate the evidence and determine how to proceed in the interest of justice. This means that decisions about prosecution may not always align with the survivor's preferences.
Overlap With Protection Orders and Custody Cases
Criminal domestic violence cases in Indiana may intersect with family law matters such as protection orders and child custody cases. While these civil cases have different processes, the outcomes of criminal charges can influence court decisions regarding custody and visitation. Each case is handled separately but information may be shared.
Additional support options can be found through resources listed at DV.Support.