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Indiana Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My brother has a no contact order against him. SHE however continues to text and e mail him. He does not reply but...

Can anything be done to stop her. How do I find out if she has a no contact as well?

Andrew L. Bennett
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Andrew L. Bennett
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?

1 Answer | Asked in Criminal Law, Domestic Violence and Immigration Law for Indiana on
Q: Protective Order Appeal amid Criminal Case Possibility

My wife issued a protective order for 2 years. I have a possible criminal case allegation which can be active at any time as I am said. But I only have few days left to appeal to cancel or modify the protective order. Whatever I say in this hearing can be used against me. I am a F1 student in USA.... View More

Robert Roy Klein
Robert Roy Klein
answered on May 14, 2020

For the immigration question, the PO will not have any effect on your immigration matter. Violating it will have severe consequences. The underlying crime might have consequences also.

2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I acted in self defense, and I had gotten charged for domestic battery as a minor. Is there any way to reduce the charge

I hid something of my sisters so she’d pay me back money that she owed me for breaking my things.(items I took never left the room.) She attacked me and broke through my door as I was closing it to get away from her. She charged me, and I hit her in the face to get away, because she wouldn’t... View More

Joel D. Hand
Joel D. Hand
answered on May 4, 2020

First, you need to hire an experienced criminal defense attorney who can help defend you against this criminal case. Second, any good criminal defense attorney will tell you that you should only be discussing the facts of your case with your attorney. You should not talk with your friends, your... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: If I have a restraining order on someone then that person comes onto my property and gets in a fight with me

Can they press charges

Andrew L. Bennett
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Andrew L. Bennett
answered on May 4, 2020

If the restraining order is prohibiting them from having contact with you and they come onto your property, they would be in violation of the order and can be arrested for Invasion of Privacy. Additionally, if they are on your property and you start a fight with them, even though they violated the... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How do I drop charges against my child father
Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 16, 2020

If the charges are in the State of Indiana, you cannot drop charges. The Prosecuting Attorney has the discretion to charge and is responsible for the case, not the victim. However, you can express to the prosecutor that you are not interested in him being prosecuted and it should be taken into... View More

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1 Answer | Asked in Domestic Violence and Family Law for Indiana on
Q: Domestic

My boyfriend was currently on house arrest, me and him had a argument and I over exaggerated the details of the fight to the police Our two children were present but asleep he was taken to our city jail and held for 48hours. I decided against pressing charges. Upon his release his case worker... View More

Paul Stanko
Paul Stanko
answered on Apr 19, 2020

You have no control over whether the prosecutor files charges. If you want to clarify the facts with the prosecutor before charges are filed, that might have an impact.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Will the state pick this up and if so how can I find out ?

I called the police on my significant other due to domestic violence, our two children where in the home and I am pregnant . He was taken on a 48 hour hold, I did not pursue charges or even further go to the police station to speak with anyone I figure it’s better to just leave. How long does... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Apr 8, 2020

If the police responded to a domestic violence claim with children present, he most likely will be charged with Domestic Battery in the Presence of a Child as a Level 6 Felony as well as additional charges depending on the circumstances. Depending on his history he should have a bond, though there... View More

1 Answer | Asked in Domestic Violence for Indiana on
Q: my boyfriend has been arrested for DV and our daughter was present. This was so out of character

I was injured and my daughter was trying to stop him. She attempted to call for help but he smashed her tablet. He was severely intoxicated and I know this isn’t like him and I just want him to be able to have a standing chance because he’s been charged with a level 6 felony. What can I do?... View More

Paul Stanko
Paul Stanko
answered on Apr 19, 2020

Voluntary intoxication is not a defense in Indiana. He needs an experienced criminal defense lawyer.

1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: if a person was being threatened and verbally abused in or around a public setting could they be charged? and if so what
Mike Cunningham
Mike Cunningham
answered on Mar 24, 2020

A person may charged with disorderly conduct under Indiana Law if the person recklessly, knowingly, or intentionally:

(1) engages in fighting or in tumultuous conduct; or (2) makes unreasonable noise and continues to do so after being asked to stop.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: My mother is facing domestic battery charges against her ex husband who is currently stalking and harassing her

They are just recently divorced after 15 years of marriage. Through the years he’s been physically abusing her and finally she was able to leave; however, after their altercation where he pressed charges against her, he is threatening to go ahead with them unless she complies with his advances to... View More

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Feb 25, 2020

She needs to consult with an experience criminal trial attorney who is familiar with the court and the prosecutors office where her charges are pending.

1 Answer | Asked in Family Law, Personal Injury, Civil Rights and Domestic Violence for Indiana on
Q: What is it considered when someone tries to kiss or touch my baby without my consent because they adore babies?

People try to kiss and handle my daughter all the time in public because they love babies and think she’s adorable I ask them to back away and they get really mad with me. If they try to come back anyways I sometimes have to shove them away. What’s the legal standing on people attempting to... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2020

You'd have to check with an Indiana attorney on this, as to how the kiss or touch could be defined under state penal codes or civil laws. But your post remains open for four weeks. By textbook definition, one could argue that the conduct amounts to battery, but in terms of viability, it... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How likely am I to get a restraining order dropped without a lawyer?

My brother had his children on his weekend for visitation. The mother wanted them to go home and he told her no as it was his weekend per court orders. She said she was going to come to my house and get them. He had told her not to come. We knew she was coming and had been drinking so we called the... View More

Gary Kollin
Gary Kollin
answered on Oct 26, 2019

A detailed explanation of court procedure of this nature is beyond the scope of this column.

2 Answers | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on
Q: How can I without getting in trouble help defendant not be found guilty for DV after I reported it.

Bf is charged with level 5 felony Domestic battery against pregnant women. I realize he could be deported and I do not want that. How can I help so that he is found not guilty?

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

You appear to be asking us to provide you with some method, perhaps illegal, I, for one, will not be engaged in this.

What? Have to pay a lawyer for the work they do? On a criminal case at that? Say its not so! THAT stated, AVVO is no a dollar store version of lawyering where you get...
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1 Answer | Asked in Criminal Law, Federal Crimes, Immigration Law and Domestic Violence for Indiana on
Q: should defendant accept plea deal and accept guilty for DV and Strangulation level 5 felony ?

Defendant is not US citizen and is on Ice Hold. should he take offer and accept counciling, probation , etc instead of jail time or say not guilty and continue trial so that he won’t be deported.

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

This is like asking a doctor over the internet should I have my lung removed or take the chance with the chemotherapy.

He has an attorney who he should listen too.

Isn't this your BOYFRIEND who is charged with strangulation of a pregnant woman?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I filed a report against my boyfriend who is 19 for abuse they charged him with domestic battery against pregnant women.

There is a no contact order issue. He is not a US citizen. I am pregnant and he is the father of the baby. I want his charges to be dismissed.

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on Oct 1, 2019

The filing of the charges and the continued prosecution of those charges is completely the prosecutors choice. Victims Assistance from the Prosecutors Office should have contact with you where you can advise them of your position, however, it will still be the prosecutors decision to move forward... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: could I be charged with domestic battery?

My boyfriend and I got in an argument. He kept calling me a xxx so I threw water on him and pushed him. He pushed me back so I punched him and he ended up choking, dragging, and kicking me across my apartment. My parents want me to press charges but could I also be charged with domestic battery?

William Jaksa
William Jaksa
answered on Aug 21, 2019

Yes. The police may choose to charge you, him or both based on the fact pattern you have provided. The police will need to determine if throwing the water and pushing was defensive or provocation.

2 Answers | Asked in Car Accidents, Personal Injury, Traffic Tickets and Domestic Violence for Indiana on
Q: What can I do if someone throws something at my moving vehicle on purpose? Its threating.
John Paul Young
John Paul Young
answered on Jul 2, 2019

Obtain their license plate number, call police and report it. . Do not try and confront the persons throwing the items at your car.

If it really is intentional the insurance company for the person who threw the item will not pay for the damage. You will likely find that the thrower does...
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1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can someone sign out of jail on their own recognizance if they have been given a surety + cash bond at the time of arres

A friend was arrested for strangulation domestic battery he has a 5250 surety bond so my question is can he sign out on his own recognizance after 48 hours

Andrew L. Bennett
PREMIUM
Andrew L. Bennett
answered on May 26, 2019

The only way to be released OR after a bond was set is for the court to order him released OR. However, if the bond was set per a schedule and he did not bond out and the prosecutor did not file charges, the he would be released after 48 hours.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Do you still have a jury trial if you plead guilty at the first court date?

Looking at 4 felony charges of assault with a deadly weapon in the state of Indiana. First court date is May 20th.

Paul Stanko
Paul Stanko
answered on Apr 11, 2019

When you plead guilty, you admit your guilt and waive your right to any trial.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Would my husband and I wrestling over my phone be something that can convict him in Indiana because I had scratches?

This is referring to the question I asked the other day. I want to understand the law on the matter because he shouldn't do time on this. Did the property damage add to the prosecutions case for domestic battery? His attorney is a PD and isn't much help right now.

Paul Stanko
Paul Stanko
answered on Apr 10, 2019

All that needs to be proven in a battery case is that the defendant knowingly or intentionally touched the other person in a rude, insolent or angry manner. Whether or not your husband should do time, if the State proves the elements, a conviction is certainly possible.

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