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Indiana Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Appeals / Appellate Law, Domestic Violence and Personal Injury for Indiana on
Q: How can I withdraw a coerced plea before sentencing in Indiana?

I was test driving a motorcycle when I was pursued by the police. Due to my status as a habitual traffic violator (HTV), I fled and was involved in a high-speed chase exceeding 80 miles per hour. The police executed a PIT maneuver that caused me to crash, resulting in multiple life-threatening... View More

Charles Candiano
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answered on Oct 20, 2025

What are your charges? Driving with a lifetime suspension under HTV? THERE IS NO DEFENSE to "Test-Driving" a motorcycle on a public roadway (that it would be illegal for you own). Did you ever consider that is why counsel is reluctant to withdraw your plea? What is the consequence?... View More

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2 Answers | Asked in Domestic Violence and Personal Injury for Indiana on
Q: What steps should we take after no-contact and protective orders were violated?

I was involved in a park incident where Winston, my wife's ex-boyfriend, was arrested on domestic violence charges with bodily injury after I was sent to the hospital with sore ribs and a concussion. Both my wife and I filed no-contact orders and protective orders (PO) against Winston, and he... View More

Charles Candiano
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answered on Jun 25, 2025

When someone violates a protective order, you contact the police immediately. The primary reason for seeking a protective order is to keep a potentially dangerous person away from you. The police can and will enforce a protective order. It is important that all parties respect protective... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Can I legally possess a firearm in Indiana after a misdemeanor involving a protective order issued for DV?

I pleaded guilty to a misdemeanor invasion of privacy for violating a protective order issued for domestic violence, although I've never been arrested or convicted for domestic violence itself. The protective order was dropped before I pleaded guilty. Can I still legally possess a firearm in... View More

Moawia Kassab AlMahareeq
Moawia Kassab AlMahareeq
answered on May 19, 2025

Under federal law, it prohibits individuals convicted of a "misdemeanor crime of domestic violence" from possessing firearms. This term is defined in as a misdemeanor that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed... View More

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1 Answer | Asked in Domestic Violence, Family Law and Criminal Law for Indiana on
Q: Can I strip my abusive ex's parental rights after our baby is born in Indiana?

I am currently pregnant and not married. My boyfriend and I broke up after he physically assaulted me while pregnant, and I pressed charges against him. He also broke into my home, leading to a no-contact order being placed. I have previous charges filed against him for breaking and entering, and I... View More

Andrew L. Bennett
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Andrew L. Bennett
answered on Mar 11, 2025

Since you say you are not married then he currently has no parental rights to your child. However, if he goes to court and establishes paternity, then he would have rights. However, even after paternity is established the court can make visitation supervised or not at all if he is a danger to the... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Indiana on
Q: If my abuser is going to trial on his domestic violence charges then do I still have to testify
Michael I. Leonard
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answered on May 2, 2024

That will be up to the individuals prosecuting the case. If you are the only victim, then yes there is a great likelihood that they will want to call you to testify as a witness at trial. If you are asking whether you "HAVE TO" testify, even if you do not want to testify, the prosecutor... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Indiana on
Q: Why did the police take my guns and keep them after they were used as self defense?

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

James L. Arrasmith
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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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1 Answer | Asked in Domestic Violence for Indiana on
Q: I’m a victim of domestic and filed for PPO. I’m also a felon with drug case from 2008. Can I purchase a gun to protect m
T. Augustus Claus
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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

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Indiana on
Q: If someone witnessed her boyfriend beat up his mother & police were to be called but upon arrival the fight was over.

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

Charles Candiano
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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

1 Answer | Asked in Civil Rights, Domestic Violence and Family Law for Indiana on
Q: Can I dissolve a false protective order filed by my parents in Indiana?

I'm a 16-year-old in Indiana. My parents obtained a protective order against my peer, who I am in a relationship with, claiming she encouraged me to self-harm. These claims are false, and I didn't consent to the order. My parents disapprove of the relationship due to religious reasons. Is... View More

James L. Arrasmith
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answered on Nov 10, 2025

You cannot directly dissolve a protective order yourself because you are a minor under Indiana law, but you may take steps through legal representation. A protective order is a court-issued document, and once it is in place, only the judge can modify or terminate it. However, since you are the... View More

1 Answer | Asked in Domestic Violence, Civil Litigation and Criminal Law for Indiana on
Q: Can Domestic Battery charges be dropped due to lack of evidence?

My daughter's father is facing four charges of Domestic Battery. He initially had a court-appointed attorney but later fired him and hired a new one. He has been filing motions for continuances, delaying the case for over a year and has been filing paperwork through IndianaLegalHelp.org. Our... View More

James L. Arrasmith
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answered on Nov 10, 2025

Yes, charges can be dismissed in Indiana; however, the absence of photographs of the clippers does not, by itself, require dismissal. Prosecutors can proceed on witness testimony and other corroboration, so a “no-photo” case can still go to trial if they believe they can meet proof beyond a... View More

1 Answer | Asked in Domestic Violence, Criminal Law, Child Custody and Family Law for Indiana on
Q: How can I pursue domestic violence charges in Indiana, and what is the statute of limitations?

I am a victim of domestic violence who endured abuse for years. After moving forward with ending the marriage, an emergency protective order was issued against my spouse due to physical assault with injury. However, no charges were filed, and I am unaware of any investigation or consequences for... View More

James L. Arrasmith
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answered on Nov 4, 2025

You pursue criminal charges by prompting law enforcement and the county prosecutor to review and file the case—private citizens in Indiana cannot file criminal charges themselves.

Call the investigating agency in New Albany to obtain your incident numbers, give a supplemental recorded... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Is it usual for charges to be filed but no court appearance or paperwork in custody?

My brother was arrested in Indiana on October 4, 2025, for allegedly committing domestic violence L6, strangulation, and resisting arrest. They said charges were filed on October 10, 2025, but he hasn't been to court or received any paperwork yet. There has been no contact with an attorney,... View More

James L. Arrasmith
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answered on Oct 21, 2025

No—the delay you describe is not normal. Indiana law requires the jail to bring an in‑custody defendant before a judge for an initial hearing promptly, and if officers arrested him without a warrant a judge must find probable cause within 48 hours. After charges are filed, courts typically hold... View More

1 Answer | Asked in Adoption, Juvenile Law, Family Law and Domestic Violence for Indiana on
Q: Would emancipation be advisable given my abusive home situation?

I am a 16-year-old living with my adoptive grandparents who are very controlling. They drink heavily, and my grandma is emotionally abusive. There have been physical altercations between them, once resulting in my grandpa's arrest because it happened in my presence and I'm a minor.... View More

James L. Arrasmith
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answered on Oct 6, 2025

It sounds like you’ve been through a lot, and wanting to take control of your own life is completely understandable given your situation. In cases like yours, emancipation can be an option, but it’s also a serious legal process that requires showing the court that you can live independently and... View More

1 Answer | Asked in Juvenile Law and Domestic Violence for Indiana on
Q: How can I access forms for emancipation as a 17-year-old facing abuse?

I am 17 years old and seeking information on how to access forms for emancipation. My father has been physically abusive, and my mother does not intervene. My father frequently yells and makes threats, exploiting his control over me, and my parents are unaware of my desire to get emancipated. I... View More

James L. Arrasmith
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answered on Oct 2, 2025

At 17, seeking emancipation is a serious step, and the process usually starts with filing a petition in your local court. Most states have standard forms you need to complete, which are often available through the clerk of court’s office in your county or sometimes through the court’s website.... View More

1 Answer | Asked in Divorce, Domestic Violence, Employment Law, Contracts, Civil Litigation and Criminal Law for Indiana on
Q: What legal actions can my daughter take to protect herself during a prolonged abusive divorce process in Indiana?

My daughter is currently experiencing a prolonged divorce process with her husband, marked by his past physical and emotional abuse. Recently, he hacked her phone, converted their joint accounts into bitcoin, and threatened her, aiming to destroy her. He was temporarily removed from the home with... View More

James L. Arrasmith
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answered on Sep 13, 2025

Your daughter has multiple legal avenues available in Indiana to protect herself during this difficult divorce. She can request the court to enforce or extend protective orders to address ongoing threats, including the hacking of her phone and intimidation. If he has violated existing orders or... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Indiana on
Q: Ex granted supervised visits but harasses for child's call; child refuses. What are my obligations?

My ex has been granted supervised visitation with our 8-year-old child, but he has not hired a supervisor, so he hasn't exercised his parenting time. He harasses me multiple times a week for our child to call him, but our child refuses to do so. I've tried to encourage communication, even... View More

James L. Arrasmith
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answered on Sep 12, 2025

You are obligated to follow the court order as it is written. Since the order grants supervised visitation and does not require phone calls, you are not legally required to force your child to communicate with your ex by phone. Your priority is the well-being of your child, and pressuring them into... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: Seeking legal representation for strangulation and domestic battery charges in Indiana; court on the 15th and recently fired public defender.

I am facing charges of strangulation and domestic battery after an altercation with my ex-girlfriend, who hit me with an object. Due to my severe PTSD, I froze and reacted later by grabbing her while she was provoking me. Law enforcement was called, and I am charged with two level 6 felonies and... View More

James L. Arrasmith
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answered on Sep 9, 2025

Given the seriousness of your charges, your immediate priority should be securing competent legal counsel before your court date. You have only a few days until the 15th, which means time is critical. Start by reaching out directly to private criminal defense attorneys in Indiana who handle felony... View More

1 Answer | Asked in Child Custody, Domestic Violence, Civil Rights and Family Law for Indiana on
Q: Help with judge bias in child custody case with history of domestic violence.

In my child custody case, I believe the judge is biased because she listens only to my ex-husband and returns all the letters I write to her. Additionally, the judge did not consider the history of domestic violence in our case. What can I do to address this issue and ensure a fair hearing?

James L. Arrasmith
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answered on Sep 8, 2025

First, you should continue to document everything related to your case, including any instances of domestic violence, communications with the court, and actions by your ex-husband that impact your child’s safety. Keep copies of police reports, medical records, or restraining orders that show the... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Civil Litigation for Indiana on
Q: Can my daughter sue the police for their handling of domestic violence and no-contact order violations?

My daughter was involved in a domestic violence situation with her husband, during which she sustained serious injuries, and threats were made with a firearm. Despite this, the police made no arrests and instructed them to remain inside their home. A no-contact order issued on June 22, 2025, was... View More

James L. Arrasmith
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answered on Sep 2, 2025

Your daughter’s first priority should be her safety, and that means continuing to seek protection even if the local police have failed to act. She can request a new protective order from the court, especially after another assault and violation of the earlier order. Gathering medical records,... View More

1 Answer | Asked in Domestic Violence, Civil Rights and Gov & Administrative Law for Indiana on
Q: Seeking advice on next steps for daughter's domestic violence case after police inaction in Indiana.

My daughter has suffered severe domestic violence, resulting in multiple ER visits over six months, and a judge has issued a no-contact order. Despite this and evident physical injuries, local police in Noble County, Indiana continue to fail in arresting or separating her from her husband when... View More

James L. Arrasmith
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answered on Sep 2, 2025

This is a heartbreaking situation, and it’s understandable that you feel frustrated when local authorities aren’t taking the right steps. Since there is already a no-contact order in place, every violation should be reported and documented carefully. Keeping records of ER visits, photos of... View More

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