Andrew L. Bennett's answer 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 plead guilty, ask for an attorney (PD) or time to hire an attorney.
John Mario Acosta Jr.'s answer You can either check with the local jurisdiction clerks website or you can see if the Indiana Supreme Court website might have the forms you are looking for. Some jurisdictions vary on what forms they have online. If you can't get one online you can always go to the local clerks office and get one and fill it out and bring it back.
Clarissa Finnell's answer Child custody is always modifiable if there has been a substantial change in circumstances since the last order of the court. It would be your ex-wife's burden to show the substantial change. Joint legal custody means that you and your ex-wife are to make major decisions about your daughter's upbringing. The impact of having a domestic batter charge against you would really depend on how that impacts you ability to make decisions jointly with your ex and in the best interest of your child....
Valerie Horvath's answer Most of the time, a "No Contact Order" (NCO) is issued pre-trial to prevent the person charged (defendant) from influencing the state's witness (person on NCO). Once the case is no longer pending or "pre-trial", the NCO is terminated. Often, a post-trial NCO will be part of a plea agreement, but cannot be longer than the sentence (jail time and probation). Your attorney and the prosecuting attorney will decide whether or not the NCO terminates when you plead guilty to the lesser misdemeanor...
Andrew L. Bennett's answer A NCO is issued by the judge and remains until the judge terminates it. As far as the case goes your baby daddy is a witness and where the case goes from here is mostly up to the prosecutor. You should contact an attorney to fully discuss all the details and your options.
Paul Stanko's answer Once you got the police involved, the prosecutor was also likely to be involved. It is not your call whether charges are dismissed. That is entirely up to the prosecutor. If you DO make a statement, you may want to retain an attorney first. Depending on circumstances, you could be facing perjury or false informing charges.
Robert Donald Gifford II's answer It is recommended you make a police report to document what has happened and what has continued to occur. You may want to consider getting a protective order to stop the harassment. I would inform your chain of command in your reserve unit in the event it becomes an issue, and provide a copy of the police report.
Paul Stanko's answer No contact orders normally remain in place until a case is concluded. Unless the prosecutor is agreeable and the judge is willing, what you want is unlikely to occur, and almost certainly not without you appearing in court and testifying.
Once you get police and the prosecutor involved in a "domestic" situation, it is no longer just domestic. You will have to play along with the criminal justice system.
Peter Munsing's answer No, you can only sue the killer. However, chances are neither she nor her son have money, so you'd spend a lot of time for no result. Not to mention spending money. Do what you are doing to change the custody agreement.
Alexander Florian Steciuch's answer I cannot comment on whether or not the restraining order that is in place is 'false.' If your former landlord has gotten a restraining order against you and you believe it is false you need to hire a criminal defense attorney to dispute it.
How were you illegally evicted? Did they go to court and obtain a formal eviction? If you were a tenant you need to have a formal eviction proceeding brought against you to remove you from the property. Even if they did this and have obtained a...
Paul Stanko's answer If you were arrested you can expect charges to be filed. Since you talked to a detective before getting counsel, you already made one mistake. Discuss your options with your attorney and follow his/her advice!
John Mario Acosta Jr.'s answer The NCO can be terminated at any point during these proceedings. If the petitioning party requests it be terminated, by plea agreement, but the judge has to sign off on it and must have a good record as to why it is being done.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.