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Indiana Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: if im 17 and have a domestic violence case and no contact order against my 18 year old boyfriend

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 »

Andrew L. Bennett
Andrew L. Bennett answered on Oct 26, 2020

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: what does State's Notice of Amendment mean
Andrew L. Bennett
Andrew L. Bennett answered on Sep 22, 2020

It means they are putting the court and all parties on notice of an amendment to something such as the charging information or some other document.

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm looking for case law concerning Miranda warnings.

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 »

Andrew L. Bennett
Andrew L. Bennett answered on Sep 16, 2020

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?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: How do I go about getting an advocate for an upcoming court case?

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 »

Andrew L. Bennett
Andrew L. Bennett answered on Aug 29, 2020

Have you contacted the court to ask if you can appear by zoom. In addition to not feeling safe, is COVID a concern at all?

1 Answer | Asked in Criminal Law and Domestic Violence for Indiana on
Q: I'm wanting to get a battery f5 charger dropped on my partner that I didn't press but state did. How can I
Andrew L. Bennett
Andrew L. Bennett answered on Jul 18, 2020

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 »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Indiana on
Q: Petition to establish custody and parenting time as to minor child born out of wedlock

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 »

Troy Tyson
Troy Tyson answered on Jul 14, 2020

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.

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
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.... Read 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.

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
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... Read more »

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... Read 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... Read more »

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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?... Read 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 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... Read 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.

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
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... Read more »

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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... Read more »

Andrew L. Bennett
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... Read more »

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... 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?

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