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.
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... Read more »
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... Read more »
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.
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... Read more »
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... Read more »
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...Read 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... Read more »
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.
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?
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.... Read more »
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...Read more »
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... Read more »
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...Read more »
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?... Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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 »
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 »
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...Read more »
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