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Indiana Domestic Violence Questions & Answers
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... Read more »

Andrew L. Bennett
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... Read 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 doesn't... Read 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... Read 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...
Read more »

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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
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... Read 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
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.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Do charges for invasion of privacy violating a NCO stand, the seperate case ordering the nco is dismissed and terminated

Different cases

Paul Stanko
Paul Stanko answered on Apr 9, 2019

If the NCO was valid and in effect at the time of the new offense, then having the underlying NCO terminated later has no impact on the later charge.

1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Indiana on
Q: What is a motion for reconsideration bond determination mean I’m criminal court ?

My husband was arrested for domestic battery to a pregnant woman. I didn’t press charges. But the state picked up the case. There’s a no contact order. I’ve been very worried about if he will be deported. I think he has his residency and is in the process of getting his green card. If he is... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2019

It means that he is likely in deportation court and his request for bond was denied. It’s unclear whether you can secure his release or file a well prepared motion to reconsider quick enough. He may be scheduled for a final hearing.

I strongly recommend an appointment with a competent...
Read more »

1 Answer | Asked in Immigration Law and Domestic Violence for Indiana on
Q: My husband was arrested DV & his visa is expired will he be deported

He’s being charged with 2 level 5 felonies for battery to a pregnant woman and one misdemeanor for domestic battery. As we are about to have a baby together I’m worried about him staying in the country

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2019

More information is needed. Is he a lawful permanent resident? How long has he lived in the U. S.? Were you physically injured? Is he being detained by ICE? Did you pay his bond? Was he released? Such questions are best answered in a confidential setting.

Immigration Court is in Chicago,...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Will Indiana pick someone up from Colorado?

Charges are level 6 strangulation and two a misdemeanor domestic violence, skipping out on probation for a level 5 burglery, only 4 months left.

Andrew L. Bennett
Andrew L. Bennett answered on Mar 11, 2019

The answer depends on what the prosecutor wants to do. Generally, prosecutors do not extradite from another state so far from Indiana on a level six felony. However, given the Burglary case it is possible the prosecutor would be willing to pay for an extradition.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I was physically abused by my ex and left. It’s been 2.5yrs. I’ve sustained emotional trauma. Can I sue for damages?

Physically and emotionally abused for over 6 years. Never filed a police report after the physical abuse because I was scared. I have pictures of the abuse though. I’ve also dealt with a lot of trauma and emotional issues because of the relationship and the abuse I endured and have had to seek... Read more »

Paul Stanko
Paul Stanko answered on Feb 16, 2019

This is not a criminal law question. You should consult a personal injury lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Why would a prosecutor file charges against someone for interfering with the reporting of a crime if no crime happened?

Two weeks after police were called to my home as the result of a heated argument between my spouse and I, during which I repeatedly told/yelled at one of my kids to hand up their phone (not knowing who they were talking to), I received a court summons for only count; interfering with the reporting... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Feb 13, 2019

The charges that you have against you have a possible penalty of up to a year in jail. You should consult with a local criminal defense attorney as soon as possible to begin working on your defense.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can a no contact order be dropped on a domestic battery charge if the state picked it up?

My baby dad mixed Xanax and alcohol and hit me. I didn’t call the police because I was scared of him getting into trouble at the time . The next day I came over to his house to check on him because he wasn’t texting me all day and I was getting worried about him . He again got very irrated with... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Dec 10, 2018

You need to contact a good criminal defense attorney and hire him/her ASAP. If you cannot afford an attorney then you need to request a public defender. Your first hearing is your Initial Hearing where you will be told of the charges and penalties. The judge will also ask how you plead. DO NOT... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: What should I do?

Verbal confrontation with my fiance. I went out drinking that night still feeling the effects in the morning on top of taking my anti depressant and anti anxiety meds I was not in the right mindset I refused to call police on him my employer did without my consent so of cours3 verbal statement... Read more »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 10, 2018

You should consult with an attorney before you speak to the police and prosecutor, depending on what you say you do not want to open yourself to any false informing charge.

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