Anderson, IN asked in Criminal Law for Indiana

Q: My brothers ex sends him to jail because she initiates all fights but when he defends himself she presses charges.

My brother is autistic. His ex also has mental health issues, but won’t get help for them because she wants people to feel sorry for her. He has told my parents and I that when he tries to sleep even she wake him up by punching him. She’s cut him, broken bones, cut his head open. She hits him first every time, when he hits her back she calls the police. She’s using meth and I’ve sent my proof to the police department. I’ve told them my information and her illegal activity, nothing is being done. My brother will not press charges on her because “he doesn’t want to do that to her”. What can I do? Can the state press charges on her even when my brother won’t? He’s currently in jail, and he won’t tell anyone that she starts the fights.

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1 Lawyer Answer
Andrew L. Bennett
PREMIUM
Andrew L. Bennett
Answered
  • Criminal Law Lawyer
  • Valparaiso, IN
  • Licensed in Indiana

A: In Indiana the prosecuting attorney is the only one who can bring criminal charges. Your brother does not press the charges. If a police report has not been made concerning all she has done, it should be. Additionally, contact the local office of Indiana Adult Protective Services.

FSSA: Adult Protective Services - IN.gov

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