How Domestic Violence Affects Child Custody in Indiana

Exposure to domestic violence is distressing to children and is associated with mental health symptoms in childhood and later in life. In recognition of this problem, Indiana law instructs judges on how to make custody decisions when one parent has committed domestic violence, including what factors judges should consider and when a parent's parenting time must be supervised. 

Here's an overview of how Indiana law defines domestic violence and how domestic violence impacts custody decisions.

Child Custody in Indiana

In an Indiana child custody case, a judge determines legal custody (who gets to make important decisions about the child's life) and physical custody (where the child lives and how much time the child will spend with each parent).

The judge will ultimately decide which custody arrangement is in the best interests of the child based on all relevant factors, including:

• the child’s age and sex
• the parents’ wishes
• the child’s wishes, especially if the child is 14 or older
• the child’s interactions with their parents, siblings, and any other people who significantly affect the child’s best interests
• the child’s adjustment to home, school, and community
• the mental and physical health of all individuals involved
• evidence of a pattern of domestic violence by either parent, and
• evidence that a child has been cared for by a de facto custodian.

(Ind. Code § 31-17-2-8 (2026).)

What Is Domestic Violence in Indiana?

Under Indiana law, "domestic or family violence" is abuse by a current or former spouse, a parent or child, parents who share a child, people who are or were dating, or people who live in the same household. It includes the following acts:  

• causing, attempting to cause, or threatening to cause physical harm
• placing someone in fear of physical harm
• forcing someone to engage in sexual activity by force, threat of force, or duress, or
• abusing, torturing, mutilating, or killing a family pet to threaten or intimidate a family member.

Many acts of domestic violence are also crimes, such as assault, battery, kidnapping, sexual assault, or threats of these crimes. 

(Ind. Code § 34-6-2-34.5 (2026).)

How to Get a Protective Order in Indiana

If you have recently experienced domestic violence or are in immediate fear of violence against you or your children, you should call local law enforcement or 911.

If you or your minor children have experienced domestic violence in the past and are afraid of future abuse, you can ask a court for an ex parte protective order (also called an "order for protection"). To start, complete a “Petition for Order of Protection” and file it with your local trial court. The Indiana Judicial Branch offers statewide court-approved forms, a tutorial on this process, and a list of advocate agencies that can help.

After you file, if a judge finds that domestic violence took place, they can issue an emergency order the same day, often without the abuser present. Under Indiana law, unless a judge writes a different end date, an ex parte order is issued for two years. The person the order is against (the alleged abuser) has the right to request a hearing to challenge the order within 30 days of receiving it. 

A protective order may include terms that:

• prohibit the abuser from committing or threatening to commit acts of violence, stalking, or sex offenses against you, your family, or household members
• prohibit the abuser from harassing, annoying, telephoning, contacting, or directly or indirectly communicating with you
• order the abuser to stay away from your residence, school, place of employment, or other places you regularly go
• order the abuser to stay away from places where your family or household members regularly go
• evict the abuser from your residence, regardless of who owns it
• give you possession of a car or essential personal property
• give you temporary custody of your children
• require that the abuser’s visitation time with a child be supervised, or deny visitation altogether
• order the abuser to pay your rent, child support, your attorney’s fees, or other related expenses, and
• prohibit the abuser from owning a firearm, and require them to turn over any weapons to a law enforcement agency.

(Ind. Code §§ 34-26-5-2, 34-26-5-9, 34-26-5-10 (2026).)

How Domestic Violence Impacts Custody Decisions in Indiana

At the start of a custody case, each parent must disclose under oath whether they know of any other proceedings that could affect the case, including proceedings involving domestic violence, protective orders, or termination of parental rights, or any of the other parent’s court proceedings relating to domestic violence, protective orders, or termination of parental rights. 

The judge determines custody based on the child’s best interests. If the judge finds that a parent has committed domestic violence, the judge may order that the abusive parent receive limited or no visitation.

If the judge does grant parenting time to a parent who has committed domestic violence, the judge can decide when, where, and under what conditions it takes place to protect the victim parent and child, including ordering supervised visits or requiring the abusive parent to post a bond that's refunded only after the child is returned safely.

Supervised Visitation

If a parent is convicted of a crime involving domestic violence that the child witnessed or heard, Indiana law creates a rebuttable presumption that a judge must order that parent's parenting time to be supervised, typically for at least one year and up to two years after the crime.

The judge can also require the abusive parent to complete a batterer’s intervention program before unsupervised visitation resumes.

Termination of Parental Rights

Indiana courts can terminate an abusive parent's rights in serious circumstances. Termination always requires that the court find termination is in the child's best interests and that there's a sufficient plan for the child's ongoing care.  

(Ind. Code §§ 31-17-2-8, 31-17-2-8.3, 31-17-4, 31-17-4-2, 31-21-5-10, 31-35-2-4 (2026).)

Getting Help

If you have other questions about domestic violence and child custody in Indiana, contact a local family law attorney.

The Indiana Coalition Against Domestic Violence coordinates Indiana's statewide network of local domestic violence programs and can connect you to help, including a 24-hour hotline (1-800-332-7385) and shelters in many Indiana cities.