Sec. 42. "Domestic or family violence" means, except
for an act of self-defense, the occurrence of one (1) or more of the
following acts committed by a family or household member:
(1) Attempting to cause, threatening to cause, or causing physical
harm to another family or household member without legal
justification.
(2) Placing a family or household member in fear of physical
harm without legal justification.
(3) Causing a family or household member to involuntarily
engage in sexual activity by force, threat of force, or duress.
(4) Abusing (as described in IC 35-46-3-0.5), torturing (as
described in IC 35-46-3-0.5), mutilating (as described in IC 35-46-3-0.5), or killing a vertebrate animal without justification
with the intent to threaten, intimidate, coerce, harass, or terrorize
a family or household member.
For purposes of IC 22-4-15-1 and IC 34-26-5, domestic or family
violence also includes stalking (as defined in IC 35-45-10-1) or a sex
offense under IC 35-42-4, whether or not the stalking or sex offense is
committed by a family or household member.
[Pre-1997 Recodification Citations: 31-1-11.5-2(d);
31-6-6.1-11(a) part.]
As added by P.L.1-1997, SEC.1. Amended by P.L.133-2002,
SEC.21; P.L.189-2003, SEC.9; P.L.221-2003, SEC.3; P.L.97-2004,
SEC.104; P.L.171-2007, SEC.2; P.L.141-2019, SEC.1.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2008–2024 · leading case:
VanHorn v. State, 889 N.E.2d 908 (Ind. Ct. App. 2008).
VanHorn v. State, 889 N.E.2d 908 (Ind. Ct. App. 2008).
· cites it 4× “Ind.Code § 31-9-2-42. "There is no requirement that the alleged stalking be committed by a family or household member.”
K.S. v. Review Bd. of the Indiana Dep't of Workforce Dev., 33 N.E.3d 1195 (Ind. Ct. App. 2015).
· cites it 4× “simply speculated that his son might be dangerous to himself or others, and he did not present any evidence of an act of domestic or family violence as it is defined in Indiana Code section 31-9-2-42. 2 Importantly, K.S. also testified that his primary reason for termination his…”
Christopher Vicoli v. Ashley Mullica (Vicoli) (mem. dec.) (Ind. Ct. App. 2018).
· cites it 2× “[22] Finding 8 stated, “Erica Oaks of DCS gave testimony that while violence did occur, the child did not see the violence, the child felt safe in [Mother]’s home, 2 Indiana Code section 31-9-2-42 defines domestic or family violence in pertinent part as: “(1) attempting to…”
J.I. v. J.I. (Ind. Ct. App. 2024).
· cites it 2× “[17] On November 2, 2023, the court entered an Order on Hearing for Order of Protection finding that “[d]omestic or family violence has occurred insofar as [Father] has threatened to cause physical harm to another family member (his son, the Petitioner) without legal…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.