I’ve had my firearms confiscated from me by the police after my home was being burglarized by thieves and I used it as self defense no one was injured but the police still took it as “evidence” the case was dropped and over it’s been a year and I still get a run around about getting my guns... View More 
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answered on Apr 5, 2024
I'm sorry to hear about your situation. It must be very frustrating to have your property taken and not returned even after your case was dropped.
The specific laws and procedures around confiscation and return of firearms used in self-defense incidents vary by jurisdiction. In some... View More
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answered on Jan 3, 2024
In the United States, federal law prohibits individuals convicted of felony offenses, including drug-related felonies, from purchasing or possessing firearms. This restriction extends to individuals subject to domestic violence protection orders.
If you have a felony conviction from 2008,... View More
Mother wouldn't admit what happened nor would press charges either because she was afraid or because he was her son & didnt want to get him in trouble but signs were visible of fresh wounds. He has also been on house arrest for several years for drugs but about done with his time. Is there... View More
answered on Dec 30, 2023
Whether anyone is charged with a crime in the state of Indiana is within the sole discretion of the County prosecutor and his/her deputies. On your facts, your testimony would be sufficient to charge the offender and probably sufficient to convict him. That said, many prosecutors will refuse to... View More
I know the defendant can't contact the victim but what happens if the victim keeps sending voice messages and posts lies about you in your Facebook comments?
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answered on Oct 11, 2023
In Indiana, a no-contact order generally prohibits the named defendant from contacting the protected person. However, the order doesn't automatically work both ways. If the protected person (victim) is harassing the defendant, it could be a separate issue. If you believe you are being harassed... View More
I have 911 audio recording while she was hitting me in the head and officers body cam footage of marks on my neck and back
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answered on Jul 27, 2023
If you were attacked by your wife, and you now wish to pursue charges, it's essential to take action promptly. You can contact your local law enforcement agency or the prosecutor's office to file a formal complaint or provide them with the evidence you mentioned, such as the 911 audio... View More
I petitioned the courts in Oct 2021 and was awarded back my gun rights. My question is when I go to purchase a new firearm how do I answer the question about being convicted of a domestic violence.
answered on Mar 23, 2022
If you were convicted of a crime of first or second degree assault and it was a domestic incident, then you were convicted of a domestic battery.
None of us know any details about your prior record. You should consult with a lawyer.
Protective order vacated and the case is fully dismissed as of 12-18-2021
answered on Mar 14, 2022
If the case is dismissed, you're likely good to go. However, you won't know until you try.
As well as the witness feels like she can't go through with it , and is also the victim of the case ?
answered on Mar 1, 2022
If subpoenaed to court, then the spouse needs to appear so as not to be in violation of a court order that could result in her arrest. That being said, depending on the circumstances of what she would testify to, the spousal privilege may limit or prevent her testimony. She should contact a... View More
The man was 6'4" security guard who. eat his girlfriend. My friend was afraid for her own safety and was afraid if she acted he would turn his attention on her. Prior to the attack, the man's girlfriend tried to force herself on my friend, that's when he attacked his girlfriend.
answered on Jul 6, 2021
Your friend would not be in trouble for not intervening especially in light of the size difference between her and the abuser. If charges are filed against him for beating his girlfriend, your friend may be required to testify.
My sisters ex came onto our property causing problems, him and his dad tried to jump my dad so I pushed the 20 year old away and he hit me so I defended myself. Will I be having any trouble and will he? The cops were called and it was sent into the prosecution office
answered on Feb 16, 2021
It sounds like you have a good self defense case. It will be up to the prosecutor to review everything that was sent to him/her to make a charging decision.
answered on Jan 6, 2021
If you have a conviction for a domestic battery there is a brady disqualifier that will prevent you from obtaining a gun permit. Depending on how long ago the conviction was you may be able to have it expunged. Consider speaking with a local criminal defense attorney.
I had bruises on my neck for over a week a fracture foot in three spots that needed surgery . How do I go about if I don’t agree with his charges ? And how do I make him pay for my injury?
answered on Jan 3, 2021
You can contact the prosecutor's office to speak with the deputy prosecutor assigned to the case or the victim's assistant. The prosecutor has a legal obligation to speak to the victim about the case. You can ask the prosecutor seek restitution for your damages, you can also sue him civilly.
She screams at us daily, exposes herself to Covid-19 by traveling and then comes back to the apartment, and throws things and refuses to clean after herself. (She also is often drunk or high?) She’s acting violent and we have to lock our bedroom doors at night. We asked her to leave by the end of... View More
answered on Dec 12, 2020
Have either of you discussed it with the landlord. You or the landlord can also go to court to get an order to evict her. Your landlord may also want to change the locks on your appartment.
can i request to the judge to drop my charges against him ? will i get introuble, i wasnt lying when the police report happened but i didnt want charges to be pressed when it happened and did not want a no contact order either , they did that themseleves. what can i do to drop the charges and no... View More
answered on Oct 26, 2020
Contact the Victim's Assistant at the Prosecutor's Office and advise them of your thoughts about the case. The prosecutor has the decision on what happens, however, they have to at least take your thoughts into consideration.
answered on Sep 22, 2020
It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.
I'm looking for references for case law concerning when law enforcement must read a Miranda warning on scene of a domestic battery. I am a law enforcement officer and I was told by a co-worker that Miranda does not need to be issued at the scene of a domestic battery because there's case... View More
answered on Sep 16, 2020
I applaud your wanting to do it correctly. Look at Lexis or Westlaw to find Indiana cases that follow Miranda. Why isn't the prosecuting attorney giving you direction? Also, you should ask the attorney for the department, ie City or County Attorney. Does the department have an SOP?
I'm trying to file for a virtual hearing. My abuser is an auxiliary police officer and has been helped by the cheif of the police. The hearing is for protective orders is 9-8-2020. I've also reached out to advocates with no luck. I'm a critical care rn disabled with Multiple... View More
answered on Aug 29, 2020
Have you contacted the court to ask if you can appear by zoom. In addition to not feeling safe, is COVID a concern at all?
answered on Jul 18, 2020
It is not your choice if the case proceeds or is dismissed, it is entirely the prosecutor's choice. In Indiana a victim does not press charges, the State presses charges and the victim is a witness who does have some say so in how the case proceeds. The prosecutor is legally obligated to ask... View More
Father of minor child has filed with the court a petition to establish custody and parenting time as to minor child born out of wedlock. DNA has been confirmed that he is not the biological father. Minor child is 19 months old. Petitioner has established paternity, minor childs biological father... View More
answered on Jul 14, 2020
It is not clear from your information what question you are asking. Once a petition has been filed, the court will hold a hearing to make determinations on paternity, custody, and support. You will have a right to appear and present evidence and testimony regarding the issues that you discussed.
Can anything be done to stop her. How do I find out if she has a no contact as well?
answered on Jun 4, 2020
He should make copies of the texts and email. If he doesn't have an attorney it may be a good idea to hire one. He should petition the Court to terminate the NCO based on her continually contacting him. Is she really in fear?
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